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HomeMy WebLinkAboutRegular Commission Meeting March 20, 2012 REGULAR MEETING COMMISSION CHAMBER MARCH 20, 2012 Augusta Richmond County Commission convened at 5:00 p.m., March 20, 2012, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Hatney, Aitken, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Smith, member of Augusta Richmond County Commission. The invocation was given by the Reverend B. Otis Clark, Pastor, Jerusalem Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Reverend Martin thank you for stepping in on that one. Madam Clerk, on to the recognitions. The Clerk: RECOGNITION(S) Employee of the Month A. Ms. Patricia L. Ystenes, Administrative Assistant, Fleet Management Department, February Employee of the Month. The Clerk: Would you please join the Mayor along with Mr. Crowden, Ms. Donna Williams, other members of the Finance Department, Finance Chairman, if you would or want to participate in this presentation please feel free. Dear Mayor Copenhaver. The Employee Recognition Committee has selected Patricia. We have the wrong background on her. Go ahead, Ron, tell us about her. The attached, the wrong, they sent us the wrong attachment. Mr. Crowden: We’ve got some administration problems here but the Recognition Committee received my recommendation and was gracious enough to award or recommend Patricia for Employee of the Month. And I appreciate that very much. Patricia was very instrumental in the conversion of our Fuel Management Program within a period of over 45 days. She jumped in with both feet, it is her forte but it required a tremendous amount of coordination a tremendous amount of initiative and she just was Johnny of the spot (inaudible). Mr. Mayor: And then, Patricia, I have a little something for you too. But during these, you know, lean economic times for you to put all that effort into saving the city money I just want to say thank you. And I know that the citizens thank you as well. Dear Ms. Ystenes. On behalf of the City of Augusta it is with great pleasure that I congratulate you for being recognized as the Employee of the Month for February 2012. Your contribution to your 1 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 Fleet Management 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) Ms. Ystenes: I just want to thank you, Ron. I’m delighted to be a part of the Finance Department in the Fleet Management Division and I enjoy working for the city of Augusta (inaudible). (APPLAUSE) Mr. Brigham: Ms. Ystenes, I’m very grateful for what you’ve done for this county and for our employees, for our taxpayers. You are a fine example and your (inaudible). (APPLAUSE) The Clerk: Ms. Williams, do you want to say anything? Before Pat leaves we did find her background information. I want to share it with the Commission and our guests here today. The Employee Recognition Committee has selected Patricia as the employee 2012 Employee of the month. Patricia’s employed as an Administrative Assistant with the Fleet Management Department. She has been with the city for over eleven years and she was nominated by Mr. Ron Crowden. Patricia has distinguished herself with the completion of the transition from the Fuel Man provided to the Right Express provider which required that she generates over 1350 individual personal identification numbers and over 1400 vehicle cards through the Right Express Cards Systems. Once this was accomplished came the task of distributing the PINS and the vehicle cards to the individual departments. Through the last phase of the project card and PIN distribution Pat was in constant communication with the department’s point of contact and employees to make adjustment for correction, additional and deletions to insure correct data was inserted into the Right Express application insuring trouble free service to the employees of all the departments. In numerous cases Pat was on the phone with individuals having trouble at the pump and correcting the problem in real time allowing the fuel to take place. Pat’s direct and dedicated involvement has resulted in the successful transition and the minimum of time with outstanding results. Her work resulted in the first month costs curtailment containment of over $35,000. The transition from Fuel Man to Right Express contained costs by the reduction of taxes paid through Fuel Man but exempted by Right Express. This allowed the money paid in taxes to be extracted from the bill instead of added to the fuel costs money not paid as part of the fuel bill. In addition Right Express allowed for volume discount which was not given by Fuel Man. This curtailment will be realized each month and added up over the years. We congratulate you for being such an outstanding employee. (APPLAUSE) 2 The Clerk: RECOGNITIONS(S) Lucy C. Laney 2011-12 Men’s Varsity Basketball Team B. Congratulations! For capturing the Class AA Georgia State High School Men’s Basketball Championship in Macon, Georgia on March 10, 2012. (Requested by Commissioners Alvin Mason, J.R. Hatney and Corey Johnson) The Clerk: Mr. Moses McCauley of Perry Broadcasting will be doing our honorary team roll call and we ask that the Mayor along with Mr. Hatney, Mr. Mason, Mr. Johnson and Mr. Aitken if you’d like to come down (inaudible) Mr. McCauley: --- and this is his real name. Mr. Peter ‘Rabbit’ Page. And now we’d like to introduce the men’s varsity team of Lucy Craft Laney High School. The Clerk: Mr. McCauley, before you get started. I’m sorry we’d like to share the wording of the on the plagues for the young men. Lucy C. Laney Comprehensive High School Wildcats Varsity Basketball Team 2011-12 Georgia Class AA Regional Champions 2011-12 Class AA State Champions. For your outstanding achievement an excellent sportsmanlike conduct displayed during the 2011-2012 Basketball Season by posting a 28/4 record. The City of Augusta recognizes your commitment to athletic excellence and congratulates you for participating and clinching the state title in the 2011-12 Class AA Georgia State High school Association Men’s Basketball Championship game on March 10, 2012 in Macon Georgia. th Given under my hand this 20 Day of March 2012, Deke Copenhaver, Mayor. Mr. McCauley: Now introducing the team. At Guard #11 Senior Jamie West. At Guard #5 Senior Raphine Newton. Center #4 Senior Shaquille Cook. Forward #23 Senior Glen Rodriquez. At Forward #20 Senior LaQuan Taylor. I’m not sure if he’s here now but Guard #2 Senior Daniel Harris. Forward #1 Senior DeVonte Coleman. Forward #24 Junior DeMarcus Nunnelly. At Guard #10 Junior Jeremy Smith. At Guard #3 Junior Mile Lewis. And now we’re getting into Laney’s future. At Guard #15 Sophomore Curtis Hightower. At Forward #22 Freshman Jevant Walker. At Forward #12 Freshman Jaylen Taylor. Another Guard #21 Freshman Tommy Smith. And at Guard #30 Freshman TyQuan Wilson. Mr. Mayor and members of the Commission (inaudible). Mr. Mason: I’ll go ahead and read the Certificate of Recognition and this is for the assistant coaches. This particular recognition is given to Kerwin Harris, Assistant Coach, Lucy C. Laney Comprehensive High School Wildcats Varsity Basketball Team 2012 Georgia Class AA Men’s State Champions. The City of Augusta recognizes your commitment to the athletic excellence and congratulates you for your selfless efforts and devoted service in supporting the team during the season that you successfully clenched the state title 2012 Class AA Georgia State High School Association Men’s Basketball Championship Macon Georgia March 10, 2012. th Given under my hand this 20 Day of March 2012 the Honorable Mayor Deke Copenhaver. (APPLAUSE) 3 Mr. McCauley: Next before I ask this young man to come up for those who had the opportunity to see the game you know we’ve got some questions about this young man texting on the sideline. And you know we had to make sure people understood that you know we don’t have an IPAD to input our stats. But this young man was doing that on his I Phone. And this is coach Shiloh Robinson. (APPLAUSE) Mr. McCauley: This next young man here is our steward assistance Mr. Jerdorphus Davis. (APPLAUSE) Coach Watkins couldn’t make it on behalf of a personal situation but he’s a part of this as well. He’s our School Athletic Director so let’s just give him a hand for supporting us as well. (APPLAUSE) And this next young you know sometimes this position here you know they see everything hear everything but you know they’re yelled at by the coaches and the players. So we make sure that they’re respected. This is our manager Mr. Kenan Washington. (APPLAUSE) Another young man which is Kenan’s assistant is Mr. Nicholas Bowman. He wasn’t able to be here so we’ll give him a hand as well, Mr. Nicholas Bowman. (APPLAUSE) And I would like for us to recognize our young ladies, our Sports Information Directors. They were very, very, very important in our success. So would you all come up? Ms. Jasmine Lacey and Ms. Kardecia DeBose. (APPLAUSE) Mr. Mayor: I don’t know is we’ve got enough room to squeeze anybody in but Dr. Mason, you out there? We’ve always got room for you. I have a proclamation for you and a check for you sitting right up there too. Proclamation. In recognition of Lucy Craft Laney Comprehensive High School Day. Whereas on March 10th 2012 the Lucy Craft Laney Comprehensive High School Wildcats Varsity Basketball Team clinched the Georgia High School Association Class A State Championship with a strong 50/53 win over Manchester. And whereas this victory made school history at Laney by becoming the first Wildcats basketball team to caputure a state title and enjoying a season of record of 28 in 4 which had four players score in double figures. Jamey Bless 20, Daniel Harris 12, Shaquille Cook and Glen Rodriquez as both 10. And whereas Lucy C. Laney Men’s Varsity Basketball Team were the 2010/2011 Regional runner ups, 2011/2012 Region Champions back to back sub-region champions, back to back Christmas Round Ball Classic Champions and the 2011 Chico Davis Memorial Tournament Champs, Columbia, SC. And whereas the Wildcats have competed in the final four for three consecutive years while the Lady Wildcats competed in four straight final four tournaments. And whereas Laney won the state championship with only one returning starter from last year point guard Rahime Newton. And whereas the athletic banquet and ring ceremony will take th place on May 16 2012. And whereas the championship parade will be held on March31st 2012 to observe the local champions for all of their hard work and efforts throughout the season as students, faculty and staff, alumni fans and supporters congratulate them. And now therefore I Deke Copenhaver, Mayor of the City of Augusta do hereby proclaim March 31st 2012 as Lucy Craft Laney Comprehensive High School Day in Augusta Georgia and urge all citizens to recognize and applaud the amazing feat accomplished by a determined group of young men led by the relentless strive of an outstanding coach. (APPLAUSE) Dr. Mason: I would like to say thank you all so much for coming out and supporting our young men from Laney High School. They are a determined group. I call them all my babies. I 4 have just about all of their cell phones. If I don’t all I have to do is text one person and the rest of them get the word. They’ve done a great job. It’s not about me, it is never been about me th ever since I’ve been at Laney and it’s going to be my second year in November 5 2012. Imagine that. It’s all about the students that are standing before you. And if you would join me in giving them a round of applause because they are the champs. (APPLAUSE) Mr. Hatney: Just before they leave we’ve got to finish the address and I haven’t addressed the complete yet. Would Mr. Keith Brown come forward please? I’m a ’57 graduate. I forgot about that, y’all. But I was a track star. We led the record for 35 years (inaudible). Mr. Lockett: Mr. Mayor, may I have a point of personal privilege? Mr. Mayor: Commissioner Lockett. Mr. Lockett: Some of you may have wondered why I wasn’t up with the crowd celebrating Laney. I totally (unintelligible) the high school so I didn’t have a direct connection to Laney so they wouldn’t allow me to get up there. But I want all of y’all to know that I’m very supportive of Laney and excited that they did win the state championship. Mr. Mayor: Thank you, Commissioner Lockett. The Clerk: Mr. McCauley, before you leave we want to thank you and extend our appreciation for coming in and agreeing to do our official roll call. We thank you. Mr. Mayor: Welcome home. (APPLAUSE) All righty, Madam Clerk, on to the updates. The Clerk: To our delegations. The Clerk: DELEGATIONS C. Update from Ms. Brinsley Thigpen, Executive Director of the Augusta Sports Council regarding the operations, current and upcoming events of the ASC. (Requested by Commissioner Matt Aitken) Mr. Mayor: And if you could keep it to five minutes, please, ma’am. Ms. Thigpen: Thank you, Mr. Mayor. Thank you, Commissioner Aitken, who invited me here today. I just wanted to introduce myself. Brinsley Thigpen I am the seventh month into the job, new CEO of the Augusta Sports Council. For those of you that do not know our mission is up, you can see it. The Augusta Sports Council attracts, creates and supports sporting events in Augusta. So this weekend you might have known there’s a big parade downtown on St. Patrick’s Day. But did you know that there were a thousand cheerleaders. One thousand cheerleaders at the James Brown Arena on Sunday. What we do is we recruit people to come to Augusta to do sporting events. We also support the community by bringing those events here and when you bring people here to our town they spend money and they go home. And so we are trying to encourage folks to come to Augusta to spend money and do so through sports. Our 5 goal is to make Augusta a sports destination. Last year alone the events that the Augusta Sports Council supported brought in over seventeen and a half million dollars of economic impact to our city. I don’t think a lot of people recognize that that seventeen and a half million dollars (APPLAUSE) thank you, and that alone are just events that the Augusta Sports Council supported. For example the past two weekends there were volleyball tournaments in the Augusta area with a 150 volleyball teams. The sports council didn’t support that. So that goes to show that there are other events going on. That’s a big number. So please remember that. And we want people to know that Augusta not only for the Masters but for other events. Why sports? Group business you can see sporting teams come in. You can see a soccer team at Carrabba’s eating. You can see a big group renting a lot of hotel rooms. When the economy’s tough a great group like I said bring them here, spend money active lifestyle and then they go home. And a healthy lifestyle. We are in turn making our community more healthy. Now I heard so here we go. Basketball star, another is a golf star right here, our Mayor has done some of our events, track star so I know that some of you may not have participated as an athlete but you can and you can participate as a spectator and also as a volunteer. The benefits like I said the quality of life. Again if our community is getting healthy through sports are medical costs are going down and we’re getting people involved in healthy lifestyles. Economics again I’ve already touched base on that. The more other people spend money here the more our taxes go down. Right everybody? And development, jobs the city and industry image. The image of our city. The ESI Iron Man 70.3. Have you heard, all of you have heard of this right, yes the big ESI Iron Man 70.3, that guy’s heard of it. I am amazed at the people that came to our city and they love it. What is the only 70.3 that sells out it is the largest in the world, in the world right here in Augusta Georgia and they all come back because they say Augusta’s so beautiful and we’re so kind. Southern hospitality and that is awesome for our city image. Some of the sample events that we have going on you’ll see on the sheet that I passed out to you. There are a few specifics. On the back page you’ll see a 2012 calendar. There are events we just support everything from the cheerleading competition I mentioned it was this past weekend. But these are some of our th key events. The Augusta Half Marathon was on February 26. We had a 40% increase in participants. We had 1,035 people finish that event. Running through downtown Augusta up the Bon Air Hill going past the National going down Washington Road seeing some of the highlights of our city. This June we will be hosting the USA National Championship Cycling. This is huge. Lots of Olympians who will be heading from Augusta to London will be here in Augusta. Now you just met the winning champs of the GHSA Basketball but we’re going to have GHSA Georgia High School Association Golf Tournament here in just a few weeks in the beginning of May. We will be hosting on ten different courses, the Boys and Girls Golf Teams State Championships from single to Five A in Augusta we will have 880 golfers alone not including their parents, coaches, spectators here in Augusta to compete. So think about that. We’re bringing lots of people in and you might talk to them about having the basketball tournament here too which is exciting. A few others we do do a golf tournament. We have a couple of awards ceremonies where we try to give back to the community and one them is our Games Awards where we give out scholarships to the local athletes. Again the community programs. One of the biggest things that you all might know that we do the Ray Guy Award, the collegiate punter of the year. This is a national, a national award that’s given out on ESPN at the Home Depot College Awards every December and it is owned and hosted by the Augusta Sports Council. So we are getting national recognition all the time through our organization. Again we just finished the Augusta Half Marathon. I thought I’d throw some pictures up. We also have a 6 one mile kids fun run again incorporating that quality of life into our community. We play well with others. I want to thank you for your time. How many millions did we bring in last year? Mr. Mayor: Seventeen and a half. Ms. Thigpen: Over seventeen and a half and we look to grow it every year. And please remember what the August Sports Council is doing for our community. We work with the Convention and Visitors Bureau, with Barry White and his team but we’re focusing on sports. The more we can bring here the better our community is going to benefit and the people of our community hopefully will get involved and participate just like all you athletes know that I know, right? Track star over here better do the half marathon. So thank you for having me. Again remember what the Augusta Sports Council is doing. We’re out here to make our community better. And again, Commissioner Aitken, thank you for inviting me to be here today. I’ll entertain any questions or I’ll look forward to seeing you downtown. Thank you. Mr. Mayor: Thank you, Brinsley. And I do want to say that I’m not the first person sitting up here to complete an Iron Man. Mayor Pro Tem Joe Bowles is. He did it the year before and I’ve done it in the past two years and I’m going to say publicly I’m in again this year and I would challenge Commissioner Bowles to get in with me. Ms. Thigpen: I like it. I like it. Mr. Bowles: I was going to wait for him to beat my time but I’ll go ahead and engage that challenge. And would also like to say that the Augusta Rugby Club and other teams which I’ve had the misfortune or fortune, however you look at it to play with years ago is having a tournament this Saturday right behind Olmstead Homes at the rugby field. And they are playing Baton Rouge for the Southeast Championship. So I’d encourage you all to go out there. I know Commissioner Jackson, well maybe not an athlete he’s definitely a good beer drinker and can support athletes. So thank you. Ms. Thigpen: You’re welcome. And we support, I’m sorry just too real quickly. These local sports findings like the rugby club. The Sports Council supports this group. So we actually we have a meeting with them on Thursday night so we can work with our local sports clubs to bring events here. Mr. Mayor: Okay, thank you so much. It’s all about the sports, isn’t it? Now let’s get on to the consent agenda, Madam Clerk. The Clerk: Our consent agenda consists of items 1-28, items 1-28. For the benefit of any objectors to our Planning petitions once those petitions are read would you please signify your objections by raising your hand. I call you attention to: Item 1: Is a petition for a Special Exception for the purposes of establishing a Family Personal Care Home on property located at 1728 Wrightsboro Road. Item 2: Is for a Special Exception to establish a sales office of property at 3002 Hayne Station Drive. 7 Item 3: Is a petition for, to allow uses of an R-1A (One-family Residential) petition for a change of zoning to a Zone R-1A (One-family Residential) to a Zone R-3B (Multiple-family Residential) on property known as 1814 Fairview Avenue. Item 4: Is for a request for a change of zoning from an R-C3 (Multiple-family Residential) Zone P-1 (Professional) and Zone B-1 (Neighborhood Business) to a Zone B-2 (General Business) affecting property at 3336, 3338, 3340 and 3344 Wrightsboro Road. Item 5: Is for a change of zoning from a R-1 (One-family Residential) to a Zone R-MH (Manufactured Home Residential) affecting property known as 2205 Cassell Street. Item 6: Is a request for a change of zoning from a Zone B-2 (General Business) to a Zone R-1C (One-family Residential) on property known as 2019, 2012, 2014m 2016 and 2018 Ossabaw Drive. Item 7: Is a change of zoning from an A (Agriculture) to a Zone B-2 (General Business) affecting property at 677 Robinson Avenue. Item 8: Is a request for a change of zoning from a Zone A (Agriculture) to a Zone R-3A (Multiple-family Residential) on property located on Robinson Avenue and Gordon Highway. Item 9: Is a request for a change of zoning from a Zone A (Agriculture) to a Zone R-1A (One-family Residential) on property located on Robinson Avenue and Gordon Highway. 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 our alcohol petitions would you please signify your objections by raising your hand? Item 10: Is for a retail package Liquor, Beer & Wine license to be used in connection with H&S Wine & Spirit located at 2545 A Peach Orchard Road. The Clerk: Are there any objectors to this alcohol petition? Mr. Russell: None noted, Madam Clerk. The Clerk: Mr. Mayor, members of the Commission our consent agenda consists of items 1-28. Mr. Mayor: Thank you, ma’am. Gentlemen, do we have any additions to the consent agenda? Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I would like to add item 31, item 32, item 34 and item 36. Mr. Mayor: Do we have any further items to be added to the consent agenda? Hearing none do we have any items to be pulled for discussion? Mr. Russell. 8 Mr. Russell: Mr. Mayor, members of the Commission, if we could take item 15 and send that back to committee I’d greatly appreciate that. Mr. Mayor: Do we have any further items to be pulled from the consent agenda? The Clerk: Mr. Mayor? Mr. Mayor: Yes, ma’am. The Clerk: Mr. Patty would like to offer clarification on the Planning Item #8 if he could please. Mr. Mayor: Mr. Patty. Mr. Patty: Yes, sir, this property is actually on the county line and we have found since the Planning Commission meeting that that there is a buffer provided on the Columbia County side of this. So we would like for you to consider eliminating the condition on that which is that all rear yard buffer with requirements that tree ordinances shall be met along with the property line that abuts Columbia County. We believe you could eliminate that. They would still be required to provide a 10-foot buffer but that would be added to a 40-foot buffer in Columbia County. Mr. Mayor: Can I get a motion to that effect to keep it on the consent agenda. Mr. Hatney: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Mr. Brigham: Is this for everything or just --- Mr. Mayor: This is just for the one item, item #8 with Mr. Patty’s clarification. Mr. Smith out. Motion carries 9-0. Mr. Mayor: Okay, can I hear a motion to approve the consent agenda? Mr. Brigham: Mr. Mayor, I think we need to discuss item #34. Mr. Mayor: Okay. Mr. Guilfoyle: And, Madam Clerk, would you show that I’m abstaining on item #16. 9 The Clerk: Yes, sir. Mr. Mayor: Commissioner Lockett? Mr. Lockett: Mr. Mayor, I’d like to pull 17, 19 and 20. And 23, I would like to get a roll call vote on it and I’d like to reflect my vote as no on it. Mr. Mason: Well, then we got to --- Mr. Mayor: We’ve got to address the agenda items after they’ve been pulled. Mr. Lockett: Then 17, 19 and 23. The Clerk: Seventeen, nineteen and twenty-three. Mr. Lockett: Yes, ma’am. Mr. Mason: You need to read the alcohol --- The Clerk: Mr. Mayor, for the benefit of any objectors to those alcohol petitions that were added to the consent agenda. Item 31: Is for a retail package Beer & Wine license to be used in connection with the B.C Food Store located at 2749 Barton Chapel Road. th Item 32: Is a Special Event License for April 4 thru the 7 Masters Week to be used in connection with Wild Wings Café located at 3035 Washington Road. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Okay. Mr. Mayor: Okay, gentlemen, could I get a motion to approve the consent agenda? Mr. Jackson: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Mr. Hatney: Madam Clerk, note that I abstain on alcohol, please. The Clerk: Yes, sir. 10 CONSENT AGENDA PLANNING 1. Z-12-17 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Tameka Merritt, on behalf of Doris Hope, requesting a Special Exception for the purpose of establishing a Family Personal Care Home, per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately .15 acres and known as 1728 Wrightsboro Road. (Tax Map 045- 3-379-00-0) DISTRICT 1 2. Z-12-18 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following condition 1) that the model home meet all the criteria set forth in Section 8-2-F of the Comprehensive Zoning Ordinance; a petition by Joseph F. Gulino, on behalf of Bill Beazley Homes, requesting a Special Exception to establish a sales office in Hayne Station subdivision per Section 8-2 (f) affecting property containing .30 acres and is known as 3002 Hayne Station Drive. (Tax Map 064-0-008-00-0) DISTRICT 3 3. Z-12-21 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following condition 1) that the only use of the property be a family or group personal care home or those uses allowed in the R-1A (One-family Residential) Zone; a petition by Nancy M. Hall, on behalf of Bobby Page, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-3B (Multiple-family Residential) affecting property containing .23 acres and known as 1814 Fairview Avenue. (Tax Map 070-1-066-00-0) DISTRICT 5 4. Z-12-22 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following condition 1) that the developer will provide all off-site traffic signal equipment and fiber optic connections as required by the Traffic Engineer; petition by Wal-Mart Real Estate Business Trust, on behalf of Chan K. Kim and Yon O. Kim, et al, requesting a change of zoning from Zone R-3C (Multiple-family Residential), Zone P-1 (Professional) and Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing approximately 22 acres and contains multiple parcels including 3336, 3338, 3340 and 3344 Wrightsboro Road. (Tax Map 041-4-101-00-0, 041-4- 103-01-0, 041-4-103-00-0, 041, 4-271-00-0 and 041-4-102-00-0) DISTRICT 3 5. Z-12-23 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Charles E. Adams requesting a change of zoning from Zone R-1 (One-family Residential) to Zone R-MH (Manufactured Home Residential) affecting property containing .46 acres and is known as 2205 Cassell Street. (Tax Map 167-0-024-18- 0) DISTRICT 6 6. Z-12-24 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by G. Eddie Faircloth, on behalf of Augusta Transport and Land Clearing Inc., requesting a change of zoning from Zone B-2 (General Business) to Zone R- 1C (One-family Residential) affecting property containing approximately 4.9 acres and is known as part of 2019 Ossabaw Drive and part of 2012, 2014, 1016 and 2018 Ossabaw Drive. (Part of Tax Map 198-00-010-058-0, 198-2-008-00-0, 198-2-009-00-0, 198-2-010-00-0 and 098-2-011-00-0) DISTRICT 8 7. Z-12-25 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Barney Dunstan, on behalf of Byron Mangum et al, requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) affecting 11 property containing approximately 10.9 acres and is known as 677 Robinson Avenue. (Tax Map 078-0-004-02-0 & part of 078-0-004-00-0) DISTRICT 3 8. Z-12-26 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following condition1) that all rear yard buffer requirements of the Tree Ordinance shall be met along the property line that abuts Columbia County; a petition by Barney Dunstan, on behalf of Byron Mangum et al, requesting a change of zoning from Zone A (Agriculture) to Zone R-3A (Multiple-family Residential) affecting property located at 200 feet, more or less, northeast of the northeast right-of-way line of Robinson Avenue and being 400 feet, more or less, northwest of Gordon Highway and containing approximately 18 acres. (part of Tax Map 078-0-004-00-0 and 078-0-004-03-0) DISTRICT 3 9. Z-12-27 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Barney Dunstan, on behalf of Byron Mangum et al, requesting a change of zoning from Zone A (Agriculture) to Zone R-1A (One-family Residential) affecting property located 2, 130 feet, more or less, northeast of the northeast right-of-way line of Robinson Avenue and being 400 feet, more or less, northwest of Gordon Highway and containing approximately .4 acres. (part of Tax Map 078-0-004-03-0) DISTRICT 3 PUBLIC SERVICES 10. Motion to approve New Application: A.N. 12-11: request by Sandikumar Patel for a retail package Liquor, Beer & Wine license to be used in connection with H&S Wine & Spirit located at 2545 Peach Orchard Rd. District 2. Super District 9. (Approved by Public Services Committee March 12, 2012) 11. Motion to approve the Capital Improvements Program Manager’s recommendation to select Modern Business to supply and install the furniture for the Augusta, Georgia Sheriff’s Office Building. (Approved by Public Services Committee March 12, 2012) 12. Motion to approve in accordance with the Augusta Aviation Commission the approval of the First Amendment to the Augusta Lawn & Turf Contract. (Approved by Public Services Committee March 12, 2012) 13. Motion to approve the Augusta Regional Airport Memorandum of Understanding with the Georgia State Patrol as approved by the Augusta Aviation Commission at their February 26, 2012 meeting. (Approved by Public Services Committee March 12, 2012) 14. Motion to approve the three (3) year leases with Avis Budget Car Rental Systems, LLC/D/B/A Avis Rental Car Systems, LLC and Budget Rental-Car-Systems, LLC as approved by the Augusta Aviation Commission at their February 26, 2012 meeting. (Approved by Public Services Committee March 12, 2012) 15. Motion to approve amendments to Augusta-Richmond County Code, Title 6, Chapter 5, by adding Sections 9-15, to provide regulations for operating Food Trucks. (Approved by Public Services Committee March 12, 2012) 16. Motion to approve the quote from Modern Business in the amount of $138,579.97 for the purchase of furniture for the new FBO currently under construction with Choate Construction Company. (Approved by Public Services Committee March 12, 2012) 18. Motion to approve Change Order #2 to Potts Construction for providing and installing the Low Voltage cabling, Security Access Control, MATV and CCTV systems for the new Sheriff’s Office Building as requested by the Owner. (Approved by Public Services Committee March 12, 2012) 12 21: Motion to approve the acceptance of the State of Georgia Grant for AIP Project No. AP012-900045(245) in the amount of $12,641.00 for the purchase of the new Airport Rescue Fire Fighting Truck as accepted by the Augusta Aviation Commission at their February 26, 2012 Meeting. (Approved by Public Services Committee March 12, 2012) 22: Motion to approve Design Change Order 2 that modifies the Standard Form of Contract for professional service last dated October 7, 2011, between the Owner, Augusta, Georgia, a political subdivision of the State of Georgia, acting Architect: Johnson, Laschober & Associates, P.C., for the Professional Services known as Architectural Services for the Webster Detention Center, Phase II, Augusta-Richmond County, Georgia. (Approved by Public Services Committee March 12, 2012) 23. Motion to approve amendments to Augusta-Richmond County Code Section 6-2, Alcoholic Beverages, so as to allow Sunday Sales of package malt beverage, wine and distilled spirits by retailers. (Approved by Public Services Committee March 12, 2012) FINANCE 24. Motion to approve coverage of Public Official Liability Insurance with Landmark American Insurance Company for $64,948 for April 19, 2012 to April 19, 2013. (Approved by Finance Committee March 12, 2012) 25. Motion to approve disparity pay study of Augusta’s firefighters and the utilization of the Augusta Utilities’ (Mr. Cook) compensation specialist. (Approved by Finance Committee March 12, 2012) 26. Motion to approve Supplemental Agreement to the FY 2012 Metropolitan Transportation Planning Services Contract. (Approved by Finance Committee March 12, 2012) ENGINEERING SERVICES 27. Motion to approve adoption of the revised Soil Erosion, Sedimentation and Pollution Control Ordinance as requested by AED. (Approved by Engineering Services Committee March 12, 2012) 28. Motion to approve Change Number Eleven and Supplemental Agreement Eleven (CPB #323-04-299823766 & 323-04-204823786) in the amount of $94,923.00 for the Windsor Spring Road, Section IV & Section V Reconstruction project to Jacobs Engineering Group, Inc. Funding is available in the project account for the Engineering Department. (Approved by Engineering Services Committee March 12, 2012) PETITIONS AND COMMUNICATIONS 29. Motion to approve the minutes of the regular meeting of the Commission held March 6, 2012 and the Special Called Meeting held on March 12, 2012. OTHER BUSINESS 36. Consider a request by the Development Authority of Richmond County to be a co- applicant on the Economic Development Administration Grant being pursued to fund infrastructure improvements at the Rockwood Pigment’s new location. The grant is to be used to install a dedicated wastewater line and make road improvements on Doug Barnard Parkway and Dixon Airline Road. 13 Mr. Hatney abstains. Motion carries 8-0-1. [Items 10, 31, 32] Mr. Guilfoyle abstains. Motion carries 8-0-1. [Item 16] Mr. Lockett votes No. Mr. Hatney abstains. Motion carries 7-1-1. [Item 23] Motion carries 9-0. [Items 1-9, 11-15, 18, 20-22, 24-30] Mr. Mayor: Okay, Madam Clerk, let’s go to the pulled agenda items first. The Clerk: PUBLIC SERVICES 17. Motion to approve tasking the Administrator to meet with the Hephzibah City Council regarding turning over the Jesse Carroll Community Center to the City. (Approved by Public Services Committee March 12, 2012) Mr. Mayor: Commissioner Lockett, I believe this was your pull. Mr. Lockett: Mr. Mayor, this task was given to the Administrator. He has a report. Do you want me to voice my concerns now? Mr. Mayor: Okay, I’d like for you to go ahead and voice your concerns. And then perhaps the Administrator can address it. Mr. Lockett: I don’t believe in continuously giving away the city’s assets. I understand Hephzibah’s desire to have this piece of property but if it’s the will of this body to let them have the property I would think what we should do is I’m not a real estate attorney but the deed should reflect that this property is being either deeded to them with certain restrictions. What I mean by that is if two years down the road they decide to sell that property for $5 million dollars for a housing development they can’t do it. Or we have the other option of leasing that, giving them a long term lease at $1.00 a year like we do the military facility over on Central Avenue. I just cannot see this city relinquishing itself of a valuable piece of property that may or may not be used the way we think it’s going to be used in the long run. Mr. Mayor: Okay, thank you, sir. Commissioner Jackson. Mr. Jackson: Thank you, Mr. Mayor. I believe we have not been good stewards of that facility to begin with, with the deplorable condition that it’s in. And I was approached by several members of the Hephzibah City Council about they don’t mind a dollar a year. But we have not been good stewards of that property. They want to take it over and rehab it and use it for their neighborhood and their community. Thank you. 14 Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. Naturally I represent District 8 and as far as this community center the City of Hephzibah, well let me back up. In 1972 the City of Augusta bought this 14.02 plus the additional 4.86 acres from Ms. Goldberg for the mere $22,000 dollars. Since then in 1987 the City of Hephzibah had actually put up $58,000 to build the building. That’s what we call the Jesse Carroll Community Center and used prisoners to build it in correlation with the Augusta Richmond County. The City of Hephzibah with it being in the center of town has been looking at this. This is an eyesore for our community, it has not been addressed it has not been maintained and if we sink $250,000 in it to bring it up to par my only concern is that will it go back to the same state in five to seven years. I mean we have to look at from the past experience what the future is going to be. And at this point if we fix it up it is not going to be maintained. And the City of Hephzibah is willing to do all the upgrades, buy all the utilities keep the maintenance of the land, landscaping and do whatever it takes. But their concern is they invest all this money right there in the city, in the center of town what’s going to be the political wheel in the future to say we want this community center back. That’s the concern of the City of Hephzibah saying. We did have a meeting with the Administrator, Mr. Tom Beck and the Mayor of Hephzibah and I’ll let Fred take over from here. Thank you. Mr. Mayor: First let me recognize Commissioner Mason and then I know Commissioner Brigham had his hand up too. Mr. Mason: Thank you, Mr. Mayor. In reference to giving away the property I have some reservations about that. I think you quoted somewhere close to 18 acres worth of land. Clearly we know that the growth is happening in south Augusta and in the Hephzibah area and will continue to go that way. I would anticipate, I’m not an expert or anything like that but with the growth comes property values begin to rise and land values begin to rise. I would hope that we’re looking at this thing holistically and that we’re not making a mistake simply because it’s been stated that we have not been good stewards does not mean that we should be a bad steward now and give away property. So from that standpoint I would hope that the City Administrator would be looking at something that would be amenable to this city because we’re talking about 18 acres of land regardless to what shape the buildings in there’s 18 acres of land available. So I would be hesitant to give away 18 acres worth of land that this government owns understanding that growth is happening hand over fist out in this particular area or in that vicinity. I would like to ask Tom Beck to come up if I could, Mr. Mayor. Mr. Mayor: Okay. Mr. Beck. Mr. Mason: Mr. Beck, what is your opinion of, well, I mean heard some of the statements and where we stand as far as Jesse --- Mr. Russell: Mr. Mayor, if I may, we might be a little bit premature in that. Obviously we did meet with the Mayor one day this week and we’re planning on bringing back a recommendation to the committee session cycle I guess is the word I’m looking at. Until we do that I think we might be a little bit premature in going forward with this because at this point 15 we’re still trying to look at the numbers and determine what we’ve got and what we’re dealing with. Mr. Mayor: And just for clarification. When you say turning over that could be leasing or selling. Mr. Russell: I don’t know yet at the moment what my recommendation’s going to be. We met with them, Tom and I are going to get back together and determine which direction we’re going in and we’re going to bring you back a recommendation at the next committee cycle. If the instruction today is a no vote on doing this unless you tell me to (inaudible). Mr. Mayor: If it’s okay with them, meet with them to bring something back (inaudible). Mr. Jackson: Move to approve. Mr. Mayor: We have a motion to approve. Is there a second? Mr. Aitken: Second. Mr. Mayor: We have a motion and a second. Yes, sir. Mr. Lockett: Mr. Mayor, I’d like to read that motion to make sure I got it straight. The Clerk: To approve tasking the Administrator to meet with the Hephzibah City Council regarding turning over the Jesse Carroll Community Center to the City. Mr. Mayor: Okay. Commissioners will now vote by the usual sign of voting. Motion passes 9-0. Mr. Mayor: Okay, Madam Clerk, next pulled agenda item. The Clerk: PUBLIC SERVICES 19. Motion to approve entering into a Mowing and Maintenance Agreement with the State of Georgia, State Properties Commission, to maintain the property located on Reynolds thth Street between 11 Street and 13 Street as requested by Augusta Engineering Department. (Approved by Public Services Committee March 12, 2012) Mr. Mayor: Commissioner Lockett, I believe this was your pull as well. Mr. Lockett: Mr. Chairman, thank you. My concern is it seems we’re entering into a long term situation. We have places throughout the county that belong to us and we can’t get the grass cut but yet still we’re going to spend tax payer’s money evidently to cut this grass and the 16 property doesn’t belong to us. And plus no one has indicated to me what the cost is going to be for the initial work and for the maintenance that we have referenced here. So I need to know more about that. Mr. Mayor: Yes, sir. Mr. Malik: Augusta Engineering. This is an annual one time deal (unintelligible) before the Masters. That what they requested just once a year for this year. Mr. Mayor: This is just basically getting permission to get on the property and to do the maintenance itself. Okay. Mr. Lockett: Mr. Mayor, if I may. The Right of Entry that I’m looking at here would leave one to believe that this was not a one-time thing. If we’re going to plant trees, trees are going to need maintenance. We can’t just put them in the ground and forget about them. And I think that’s a part of what’s here if I’m not mistaken. Mr. Malik: Yes, if I remember correctly I think that expiration (inaudible). Mr. Lockett: But this agreement is supposed to be for one year and we’re talking about maintenance (inaudible). Is that your understanding? Mr. Malik: (inaudible). Mr. Lockett: Okay, who is going to do the work and what is the anticipated cost? Mr. Malik: It is going to be done through in-house forces. (inaudible) Mr. Lockett: Okay, my last comment is this is a one-time thing so if I see you at the Masters with a crew out there cutting grass and pruning trees I know you gave me some inaccurate information. Is that correct? Mr. Malik: That’s correct. Mr. Lockett: All right. Thank you Mr. Chairman. Mr. Mayor: Okay. Commissioner Aitken. Mr. Aitken: Mr. Mayor, Mr. Lockett, I’ve asked Lena to put on the Engineering Committee for next week to kind of start giving us a diagram of how our maintenance is going to be for our gateways coming out of our Commission Retreat yesterday to kind of get us all up to speed on what we’re going to do as far as the gateway beautification. It’s a whole gamut of it so they’ll be working on that to get us that next week. Thank you, Mr. Mayor. Mr. Mayor: Thank you. Can I get a motion on this? 17 Mr. Guilfoyle: Motion to approve. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. Motion Passes 9-0. The Clerk: Item number 23. Is a motion to approve --- Mr. Mayor: Number 20, did you, Commissioner Lockett, did you – Mr. Lockett: No, I meant twenty-three. Mr. Mayor: Okay, twenty-three. The Clerk: PUBLIC SERVICES 23. Motion to approve amendments to August-Richmond County Code Section 6-2, Alcoholic Beverages, so as to allow Sunday sales of package malt beverage, wine and distilled spirits by retailers. (Approved by Public Services Committee March 12, 2012) Mr. Mayor: Mr. Sherman. Mr. Sherman: And that’s just as is the referendum. The voters approved authorizing you to amend the ordinance to allow Sunday sales. And what I presented to you at the committee meeting was three options. The one that you decided, the committee voted on was to just change the hours of operation so a six day license becomes a seven day license at no additional fee. Mr. Jackson: Move to approve. Mr. Mayor: Okay, do we have a second on that? Mr. Bowles: Second. Mr. Mayor: We have a motion and a second and I believe, Commissioner Lockett, you had requested a roll call vote on that one? Mr. Lockett: Can I make a comment also? Mr. Mayor: Sure. Commissioner Lockett. Mr. Lockett: You know when I came to Augusta in 1974 you couldn’t hardly buy a Coca Cola on Sunday. I would think that six days a week is enough for anybody who wants to 18 purchase alcoholic beverages. People refer to us as being in the Bible Belt so I just think this is a bad deal because I hate to see people leaving a church on Sunday and their first stop is the liquor store. And so, Mr. Mayor, I’d like to have a roll call vote on this, please, sir. Mr. Mayor: Okay, we have a motion and a second. Commissioner Bowles. Mr. Bowles: I’d to comment considering the voters of Augusta approved this overwhelmingly. In my opinion I believe it’s a lot safer to have adults going to a grocery store to buy alcohol on Sunday than going to a restaurant and getting intoxicated getting back in their cars and driving home endangering us on the streets that are sober. So look forward to supporting this motion. Mr. Mayor: Okay, we have a motion and a second. A roll call vote has been requested and, Madam Clerk, could you call for the roll call vote please? The Clerk: This is item number 23, Mr. Jackson and Mr. Bowles, and this will be for option one. Mister Aitken. Mr. Aitken: Yes. The Clerk: Mr. Bowles. Mr. Bowles: Yes. The Clerk: Mr. Brigham. Mr. Brigham: I’m going to vote the same way my constituents voted, yes. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes, ma’am. The Clerk: Mr. Hatney. Mr. Hatney: Abstain, ma’am. The Clerk: Mr. Jackson. Mr. Jackson: Yes. The Clerk: Mr. Johnson. Mr. Johnson: Yes. The Clerk: Mr. Lockett. 19 Mr. Lockett: No. The Clerk: Mr. Mason. Mr. Mason: Yes. Mr. Locket votes No. Mr. Hatney abstains. Motion Passes 7-1-1. Mr. Mayor: Okay. Madam Clerk, moving on to the regular agenda. The Clerk: PLANNING 30. Z-12-20 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Bevelyn Clark, on behalf of Douglas Clark, requesting a Special Exception for the purpose of establishing a Family Personal Care Home, per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .25 acres and known as 2662 Barclay Street. (Tax Map 130-0-566-00-0) DISTRICT 4 Mr. Mayor: Mr. Patty? Commissioner Mason. Mr. Mason: If I can before Mr. Patty goes along. I have a representative here from Woodlake where this piece of property is requesting to turn into a Personal Care Home. Basically really what I’m asking today so that we don’t get into a whole lot about it I’ve had a number of calls and I’ve spoken with a number of the residents out there. And the one that was going to come to participate in the Planning and Zoning went into the hospital and she was unable to. And so I was aware of that and so I’m trying to do a, Mr. Patty was it a couple two three weeks? What would be the, I don’t necessarily need to go back through the planning but I need an opportunity to speak with those residents out in Woodlake to see what their true concerns are and I would happy to bring that to you or however, whatever is the best way to do that. But I don’t want to vote on it today if my colleagues would --- Mr. Patty: Bring it back at the next meeting if that’s the way you want to do it. Mr. Mason: Next Commission meeting? Mr. Patty: (inaudible). Mr. Mayor: Would you like to make a motion to that effect? th Mr. Mason: I make a motion to bring it back on the 28. I’ll get with you and the neighborhood association president Jacquelyn and then we will uh, is the petitioner here? This petitioner as well I want to get with you as well and so to kind of let you know what’s going on. 20 This will come back up for a vote but I just want to make sure I address all the concerns and then we’ll move forward. Mr. Guilfoyle: I’ll second Mr. Mason’s motion. Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Motion Passes 9-0. Mr. Mayor: Madam Clerk, on to the next agenda item, please, ma’am. The Clerk: ADMINISTRATIVE SERVICES 33. Approve an update of Augusta, Georgia’s DBE Program for federally assisted contracts in order to comply with the Department of Transportation’s program and update of the DBE rules. 49 CFR Part 23. (No recommendation from Administrative Services Committee March 12, 2012. Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: Thank you, gentlemen. What you have in front of you also I already sent out to everybody by email. We also distributed a copy of it. This is a draft after having gone through several revisions with Ms. Gentry and it’s also, it’s my understanding this has been submitted at least in some draft form to the DOT as well. This does include the feedback from what comments and suggestions were received from DOT as well. So this is the collaborative effort of all of that. I think this is a very good product. I believe it does address all the concerns we previously had with respect to the concerns that DOT had and I think it’s a very good program. I would entertain a motion to approve it. Mr. Guilfoyle: Motion to approve then. Mr. Mayor: Do we have a second? Mr. Jackson: Second. Mr. Mayor: Okay, we have a motion and a second. Commissioner Bowles and then --- Mr. Bowles: I don’t know about my colleagues, Mr. Mayor, but I haven’t had ample time to review this document. So I’m not prepared to vote on it today. Mr. Mayor: Okay. Commissioner Lockett. 21 Mr. Lockett: Thank you, Mr. Chairman. Mr. MacKenzie, I do believe that you told me only a few hours ago that this was not going to be put up for a vote today. That we could do it th on the 28 and that you had ample time to get it to its destination. Am I correct? Mr. MacKenzie: That’s correct. This does not have to be approved today. The deadline th is March 28. We did confirm that --- Mr. Lockett: And I have a couple of questions I would like to ask you Mr. MacKenzie (inaudible) whether or not there are a couple of things that you don’t have (inaudible). I asked for Ms. Gentry I requested that she get in contact with the people in Atlanta to make sure that whatever we send them is correct, something that will pass so that we won’t stand a chance of losing federal funds. This is what you received some weeks ago. They mentioned the fact well this is what they said. They said that this DBE program submission cannot be approved by FTA, Office of Civil Rights Region 4 because of the following. Number One. It does not conform to 49 CFR Part 26 Regulatory Format for DBE Program Submission or FTA approval. It is using the City of Augusta’s code references not the 49 CFR Part 26 Section References. Unlike my colleague Commissioner Bowles I haven’t had an opportunity to read this but this new document you have does it make reference to any city of Augusta code references or so forth? Mr. Mayor: Okay, and, Commissioner Lockett, that’s two minutes on your first. I’m going to recognize, let them answer the question and recognize you for two more. Mr. Lockett: Thank you. Mr. MacKenzie: This does not contain any of the internal references with respect to using the code sections that we had in our Augusta Georgia code. There is some internal references to other chapters of the code but that’s only where it would be appropriate for the nature of this program. For example there are errors in the procurement code that allow for a bidder to be disbarred if they violate conditions of a contract. There may be a reference to that but I don’t think DOT would have a problem with that. It’s my understanding that that reference was actually in the version that they have at least done a preliminary review of and that’s not something that’s been noted. I believe this is something that they would probably not have a problem with respect to any code references to our code. Mr. Lockett: It said it combines all three operators and administrations, FTA, FAA, FAWA, DBE program submissions under one program. It said everything had to be separate. Are all these separate? Mr. MacKenzie: This program is separate. There was some initial differences of opinion between several federal agencies between FAA General Counsel and FTA’s General Counsel with respect to combining the program. One of them liked it one of them didn’t. This program was only a DOT, FTA program so I don’t think it would be something they would be concerned with respect to having any other references to any of the other programs. Mr. Lockett: Well, not being an expert in that area, Mr. MacKenzie, but it said the above sample of DBE programs submission is what the city of Augusta Georgia needs to submit. And 22 they gave us a template on that. But they mentioned the fact that you cannot comingle these things that we’ve done on some other directors we had. We’re going all the way back to the 1800’s. We can’t do that with this. So, Mr. Mayor, thank you very much for the time. Mr. Mayor: Okay. Would somebody like to make a substitute motion (inaudible)? Mr. Bowles: (inaudible) motion yes I would be very satisfied if some Commissioners could share all this information that none of us have any clue to what ya’ll are talking about. How many emails some people got and hasn’t been shared with this body. So I’ll make a substitute to refer it to the --- th Mr. Lockett: March 28. Mr. Lockett: I second. Mr. Mayor: Okay, we have a substitute and a second. Commissioner Mason. Mr. Mason: The only thing I want to say to that is we’re going to do the same thing that we’ve done up to this point (inaudible). So I would hope (inaudible). But there obviously seems th to be an internal issue here that we’re not addressing. So before we get to the 28 I would certainly hope and recommend highly that we get those issues squared away. And if someone has information I think Mr. Bowles mentioned it let’s share it so that we can get a holistic view of what’s (inaudible) what we may or may not want to do. At the end of the day we’re going to vote on it. Mr. Mayor: And, Commissioner Mason, I agree with you. I was copied on an email this morning that the initial email went to I’m not sure all Commissioners just some Commissioners. But I was never copied on the first one. It’s the first I’ve seen of it. It’s that information sharing making sure everybody’s is seeing the same thing at the same time. th Mr. Mason: For God’s sake let’s not come here on the 28 and go through this. Mr. Lockett: Mr. Mayor, may I have my one minute for rebuttal? Mr. Mayor: No, sir, I’ve recognized you two times. Mr. Lockett: I thought you had two, two minutes and one, one minute for rebuttal? Mr. Mayor: No, sir. Mr. Lockett: Mr. MacKenzie? Mr. Hatney: One question. Mr. Mayor: Commissioner Hatney. 23 Mr. Hatney: One question, sir. This particular document here would it put us in the position we need to be for the city? Mr. MacKenzie: Yes, it would. Mr. Hatney: We don’t have to go through this no more after this is instituted? We’re through with this? Mr. MacKenzie: I believe this is a very good DBE program and I would hope that --- Mr. Hatney: What I’m saying is would it meet the requirements for the entire government, all of the departments. Mr. MacKenzie: But it’s only for a FTA program and this not FAA program does not deal with anything but the Transit funds received from the federal government. So it’s a limited program. There’s another program that’s already been submitted by the airport for FAA funding. Mr. Hatney: At what junction are we going to have a document that’s going to take care of all of this or are we ever going to have one. Mr. MacKenzie: I’m glad you brought that issue up because that was our initial attempt was to combine all the programs which is the way I believe the federal regulations read. FAA’s General Counsel was in support of that approach but FTA’s counsels said no it needs to be separated out which is why you have the product before you which is an attempt to make sure that those programs are separate. It is my belief that the federal government is moving towards a consolidated program since it’s the same federal regulations that apply to all of these programs that we could have a combined program. And that’s what we attempted to do initially but FTA’s counsel said hey we’re not comfortable with that yet and that’s why we’re before you today with a new updated version that separates out the FTA function, FTA function from FAA, Federal Highway Administration the other DBE requirements. Mr. Mayor: Okay, we have a substitute motion that’s been properly seconded. Commissioner Jackson. Mr. Jackson: It’s my understanding that no one Commissioner would direct a director. I think it’s merely just a, it should be a team effort and I think we’ve slipped away from that. And I don’t think that any one Commissioner should have that authority. And I think that we all need to be on the same page. Mr. Mayor: Okay. We have a substitute motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the substitute sign of voting. Mr. Lockett: Mr. Chairman, I know (inaudible) but I’d like to get a reading from the General Counsel parliamentary. Mr. Mayor: The vote has been called for --- 24 Mr. Lockett: (inaudible). Mr. Mayor: Commissioner Lockett, the Chair has to recognize you. Motion Passes 9-0. Mr. Mayor: Madam Clerk, next agenda item. The Clerk: ADMINISTRATIVE SERVICES 34. Discuss approval to hire three (3) temporary employees to handle relocation activities for Hyde Park residents, and transfer ½ salary and benefits of HCD Housing Manager to Hyde Park budget; this person will supervise relocation employees. (No recommendation from Administrative Services Committee March 12, 2012) Mr. Mayor: Commissioner Brigham. Mr. Brigham: Mr. Mayor, I’ll say the same thing I said in committee. I believe that this is a service that should be outsourced. It should be outsourced for the purpose where we would be hiring individuals that work on payroll (inaudible). Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. So often up here we say we rely on the directors that we put in these positions to do directors business who have the expertise and the knowhow in terms of how these programs operate. So it seems to me at this point it’s a little bit disingenuous to now talk about going outside when we don’t even know what outside would be in any numbers or dollar values or anything like that. I would like to hear from Mr. our director Chester Wheeler in reference to what this is exactly about and what it is that you’re trying to do. And what obviously would be your recommendation with your experience or expertise in handling these types of functions. In fact how long have you done these types of things? How many years of experience do you have in it? Mr. Wheeler: Twenty-five plus years. Mr. Mason: Twenty-five plus years. Okay, I’m just curious because you heard Commissioner Brigham and what would be your response to that? Mr. Wheeler: Okay, the primary response go to these four individuals is to assist the relocating of 103 families. That number could vary once we get into the full stage of interviews. Our initial numbers, I believe it may have been 107, I’m sorry, 107 families. The daily responsibilities would be to interview individuals and to assist them in finding replacement housing. Often times these individuals meaning the persons that are relocating cannot take time off during the work day and that’s the reason I proposed some overtime that would allow us to 25 pay individuals to manage that process on the weekend if they cannot (inaudible). It is my professional opinion that one this is something that can be managed by staff. I do this in a daily function. This is not the first time I’ve relocated a large number of families. In fact this was part of Laney Walker’s also relocate families. So this is a law, a regulation a federal regulation that I’m very familiar with. I know how to manage it and I know how to make sure that we protect the families that we are relocating and also the resource of local government. Mr. Mason: Is this the course of action that you recommend? Mr. Wheeler: Absolutely. Mr. Mason: I’m going to make a motion for approval. Mr. Lockett: Second. Mr. Mayor: Okay, we have a motion and second. I’d just like to before I’d like to endorse this line of, the way we go as well. Based on what Mr. Wheeler has done in Laney Walker/Bethlehem and his team I believe he’s shown a proven track record to accomplish great things for the residents of these neighborhoods. So I’d just like to express my support. Commissioner Bowles. Mr. Bowles: Mr. Mayor, I think I’ve made it pretty clear that my family’s owned land in this area since they came to America in 1857. For some reason every year we get a tax bill but we’ve never to this day received any notification of being moved out of Hyde Park and that land being taken over and I’d like some explanation on that. Mr. Wheeler: (inaudible) Mr. Bowles: I understand that but you don’t think it would be nice to notify land owners that your land is going to be taken over in three years to give them some sort of heads up that something’s going to come down the pipe line they can make some arrangements? Mr. Wheeler: Well, we’ve had public meetings, Commissioner --- Mr. Bowles: Yeah, but my family’s never received one invitation. How would they know to come to it? That’s my question and something just doesn’t smell right here. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. We have met time and time and time and time again about this matter. This is not brand new in Augusta period. This happened way before me and if it don’t get done now it’s going to continue on after me. Let me be realistic here. There’s a few people who have some concerns we understand that. Mr. Bowles makes a great point. There should be notification mailed out to everybody that owns property regardless of the phase they’re going to be affected by. That needs to be done we can give them the authority to do that, get with the Administrator to make sure it gets done. But at the end of the day let’s get back to 26 the root of why we’re here today. This is here, this item here is actually shouldn’t even be on the agenda in my opinion because this is something that’s going to be funded through SPLOST. Anytime a project is done through SPLOST they don’t have to come back before the Commission to get approval every time a sub or anybody is hired to do the project. This is something of course that the Administrator and the Director should’ve had free will to do because they have, we’ve already voted on this item, moved to go forward on it and it should not be coming back before us to do something like this. Mr. Brigham had a concern about outsourcing it. It would cost us triple if not more to outsource this to a public, I mean to a private firm to do just that. If you show me a firm that will do it with the amount that Chester has budgeted in here I will vote for it. I guarantee you will not show me a firm that will do that. So this really shouldn’t even be on the agenda period. This item here is something that they have the authority to do. They should’ve went through with it from jump street. If anything else comes back to this Commission it should be on the next phase of SPLOST dollars to continue this project. From this point on nothing else should have to come back before the full Commission. Thank you, Mr. Mayor. Mr. Mayor: Thank you, Commissioner Johnson. Commissioner Brigham. Mr. Brigham: Mr. Mayor, we have not even asked to see what it would cost to outsource this to start with. That concerns me. We outsource every major right-of-way project in this county. If we can outsource them why can we not outsource this? Why are there not professionals there? Two, why are we guaranteeing two people or three people 20 hours a week overtime for three years whether or not they need them? That concerns me. And I am not going to vote to do this based on those two concerns. You show to me why we cannot outsource it and give me a legitimate reason other than saying that we need to hire these employees and not give them any benefits. If they (inaudible) contract employees they’re going to be on a time clock. That’s not a contract employee. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Mr. Mayor, with all due respect, Mr. Brigham, I don’t think you support this here item period. You haven’t supported it in the past and you’re not going to support it regardless of what happens with this contractor or whoever we get to do the job. The Director has made a recommendation. They have looked at options and alternatives. This is something they do on a regular basis. We talk about giving our directors the opportunity to do their jobs and not micro manage them and this is what we need to start doing. You are not going to get any, I’m a contractor. I’m going to tell you now I’m going to charge you more than somebody in house to do a job period. You’re not going to get any contractor to come in and do it for the amount that they’re paying these folks. They’re not getting benefits they’re not getting any of those extra things that will run up there. And not only that it’s not even coming out of the general fund. This is coming out of SPLOST money. It shouldn’t, we shouldn’t even be talking about it period. Now you, if we’re going to talk about this item we need to talk about every SPLOST project that we have going and need to come back before the Commission before anything is done. Mr. Lockett: Mr. Chairman --- 27 Mr. Johnson: Period. Mr. Lockett: --- call for the question. Mr. Mayor: Okay, the question has been called for. We have a motion that has been properly seconded. Commissioners will now vote by the usual sign of voting. Mr. Jackson, Mr. Brigham and Mr. Guilfoyle vote No. Mr. Bowles abstains. Motion fails 5-3-1. Mr. Mason: Mr. Mayor, I’d like a parliamentary inquiry, please, if I could. Mr. Mayor: Okay. Commissioner Mason. Mr. Mason: From this standpoint our Legal and Mr. Johnson brought up the fact of the way that we’re operating in terms of bringing it back before the Commission. Does the director regardless to what happened here today have that authority as we’ve done with other projects, got to hear him say it, to move forward or what would be the course of action at this point? Mr. MacKenzie: That’s not really a parliamentary question but I’d be happy to address it. Mr. Mayor: Point of personal privilege. Mr. Mason: Okay. Mr. MacKenzie: No action was taken obviously with respect to this item. What we’d have to do is I have to look at the SPLOST funding document to see whether this action was even in the scope of that to see whether it would require Commission approval. I’d be happy to look at that if it’s the will of the Commission. Mr. Mayor: Okay. Mr. Lockett: Mr. Mayor, may I have a point of personal privilege please? Mr. Mayor: Okay, Commissioner Lockett. Mr. Lockett: I would just like to say real quick in our Commission regulations you have 2.02 Discussion of the Issue. You have two, two minute sessions and may also have one minute for rebuttal. And I asked for my one minute rebuttal and I was denied. Mr. Mayor: I apologize but you also have to be recognized by the Chair. So, point well taken. 28 Mr. Lockett: Well, what do I need to do? Mr. Mayor: Final agenda item, ladies and gentlemen. This is your final agenda item. Madam Clerk. The Clerk: Item number thirty-six. Consider a request --- Mr. Mayor: I apologize. I thought it was 36 had been put on the consent agenda. The Clerk: Oh, I’m sorry --- Mr. Mayor: Thirty-five. The Clerk: FINANCE 35. Motion to approve the recommendation of the Clerk of Superior Court revised pay schedule for Board of Equalization’s Hearing Officer at a rate of $175.00 per hour. (No recommendation from Finance Committee March 12, 2012. Mr. Guilfoyle: Motion to approve. Mr. Lockett: Second. Mr. Mayor: We have a motion to approve and a second. Commissioner Hatney. Mr. Hatney: Increase it from where? What was it? The Clerk: Twenty-five dollars a day. Mr. Hatney: To $175.00 an hour? Mr. Mayor: The Board of Equalization request you --- The Clerk: Mr. Hatney, the Commission back in July approved a $25.00 a day stipend for this position. State law requires that the position be compensated at $25.00 an hour. The Clerk of Superior Court has made a recommendation to pay this Hearing Officer, I believe, the $175.00 an hour because he’s unable according to her staff to acquire a Hearing Officer at that rate. Mr. Brigham has been in discussion with Ms. Johnson I believe along with the Tax Assessor so I believe that’s the gist of where we are now. Mr. Mayor: Okay. Commissioner Brigham. Mr. Brigham: Mr. Mayor, I really have not been in discussion with either of those but let me tell you my position. My position’s real simple. You show me where we can get somebody for $150.00 an hour or $125.00 an hour or $175.00 an hour or $200.00 an hour and then I will 29 vote to set a rate. Until we get to that point we don’t need to set a rate based on what it may cost. All we need to pay is the state minimum until we have a hearing that is set and we need a Hearing Officer. I don’t think we ought to just arbitrarily change the budget to change it to $175.00 an hour to say that we may need a Hearing Officer. Mr. Mayor: Okay. Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. As far as this Equalization Hearing Officer at a rate $175.00 Columbia County’s had a $150.00 going at and all the other municipalities are at $175.00. We were compromising between 150 and 175 dollars we’re looking at $25.00 difference in and I recommended to the Clerk. If you can find it cheaper find it cheaper but I don’t think it’s right for them to when they need one to have to come before us at that moment. Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner Mason. Mr. Mason: Thank you. Well, if in fact Columbia County’s is at $150.00 and they’re right next door and they’re obviously able to find somebody. I mean why in the world would we just because we wanted to do what? Mr. Russell: If I may, Mr. Mayor. Mr. Mayor: Mr. Russell. Mr. Russell: I love getting in the middle of these. Each time I fight I get to try to deal with it here. But it’s my understanding we’ve yet to have to use this Hearing Officer because of the fact that that systems not really set up. My concern it’s not set up. Nobody’s got that far in the appeal process. The appeal is such that if we don’t have a Hearing Officer it kicks it straight back to the Board of Equalization and so it’s a straight kick back there basically. I mean if you were to do anything with this I would suggest you do it up to $150.00 and ask the Clerk to negotiate a lower price to do it that way would be if you want to do that. Mr. Mayor: Would you like to amend your motion? Mr. Guilfoyle: Yes. Mr. Mason: Who made the --- Mr. Mayor: Wayne, you made the motion didn’t you? Mr. Guilfoyle: I made the motion to approve. Let me, can I change it to --- The Clerk: Yes, sir, you would like to revise that to ‘up to?’ Mr. Guilfoyle: Yes, ma’am. 30 Mr. Mayor: Up to $150.00. Mr. Guilfoyle: Would that satisfy you, Mr. Brigham? Mr. Brigham: No. Mr. Mason: Of course no. Mr. Russell: With the instructions to the Clerk to try to do that cheaper, I believe. Mr. Mayor: Yes. Mr. Mason: Absolutely. Mr. Mayor: Okay. Mr. Mason: Second. Mr. Brigham: I think we ought to just give the Board of Equalization (inaudible) thirty dollars a day. Mr. Mayor: I’m trying to get us out of here, man. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Mason: What was the motion? The amended motion up to $150.00 to negotiate for a lower rate The Clerk: --- Mr. Guilfoyle: If possible. The Clerk: --- if possible. Mr. Hatney abstains. Mr. Brigham votes No. Motion Passes 7-1-1. Mr. Mayor: Okay, if there is no need for a Legal and there’s no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission 31 CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on March 20, 2012. ______________________________ Clerk of Commission 32