Loading...
HomeMy WebLinkAboutRegular Commission Meeting June 19, 2012 REGULAR MEETING COMMISSION CHAMBER JUNE 19, 2012 Augusta Richmond County Commission convened at 5:00 p.m., June 16, 2012, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Smith, Hatney, Aitken, Jackson, Johnson, Bowles and Brigham, members of Augusta Richmond County Commission. The invocation was given by the Reverend Ronald Wright, Pastor, Ebenezer Seventh Day Adventist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Okay, if everybody’s ready to go I’ll go ahead and call the meeting to order. And I’d like to call on Reverend Ronald Wright, Pastor, Ebenezer Seventh Day Adventist Church for our invocation. Thank you, Reverend. If you could please come forward. Thank you for that wonderful invocation. And I’d like to present this to you. From the Office of the Mayor. By these present be it known that Reverend Ronald Wright, Pastor, Ebenezer Seventh Day Adventist Church is Chaplain of the Day. For his civic and spiritual guidance demonstrated throughout the community. Serves as an example for all of the faith community. Thank you, sir. (APPLAUSE) Mr. Mayor: Madam Clerk, on to the recognitions, please. RECOGNITION(S) ACCG – Georgia Trend 2012 Georgia County Excellence Award. A. Augusta-Richmond County Community Planning/Visioning Category “Revitalizing Augusta’s Laney-Walker Bethlehem” The Clerk: Yes, sir, Mr. Mayor and members of the Commission. At the 2012 Association of County Commissioners of Georgia Conference, Augusta was recognized for the revitalization of the Augusta Laney-Walker Bethlehem. And we’d like to share this with you and the members of the Commission from the Association of County Commissioners of Georgia. (APPLAUSE) Mr. Mayor: And maybe we can give that to the Housing Department to display on a --- The Clerk: Is anybody here from the Augusta Housing and Neighborhood Department? 1 Mr. Mayor: It has been recommended that we get ten more, I guess, of the plaques. No but that’s a good testament to the good work being done in that area of the city. Madam Clerk, on to the delegations please, ma’am. The Clerk: DELEGATIONS B. Ms. Denice Traina. RE: Augusta Public Transit Mr. Mayor: And if you could keep it to five minutes, please, ma’am. Ms. Traina: Yes, thank you. Denice Traina. Good evening, good afternoon. I’m here on behalf of the consumers and potential consumers who want to see transportation, oh thank you. I’m here today on behalf of those consumers and potential consumers who want to see a transportation department that operates in a professional manner and that better meets the needs of the citizens of Augusta. I will get right to the point and say that the city’s relationship with the Mobility Company’s service has not produced the desired results that taxpayer’s had anticipated. We still want and still need reliable transportation. Depending on what time of day it is, bus schedules change and often leave passengers stranded. Buses are actually passing by passengers who are seated at designated bus benches at those bus stops. And reports from the disabled community are disturbing. Also when you call the office you are often given inaccurate information. All of these complaints have been related to and or experienced by me in the past two months. I want to point out that over 350 folks signed petitions to increase hours of operation to midnight to expand service and finally to reinstate the Fort Gordon route. We were given the impression that our service would improve and instead it is withering on the vine. With the help of this Commission led by our Mayor Augusta will add more businesses and bring industrial job opportunities to our city. However without the leadership of a qualified transportation director Augusta will be left behind. I would like to suggest that this body give serious consideration to bidding out the job of director so that we might have someone who will pursue a key ingredient to making Augusta a more vibrant and desirable city to live in. We the taxpayers deserve better. Let’s quickly remember the advantages of providing access to public transit to all Augustans. Convenient transportation of our citizens to jobs, schools, universities, public services, recreation and entertainment. Less congestion and traffic on the roads eliminating parking costs and space. Improved wellness for all citizens with better air quality and more opportunities to walk and exercise. Economic this is a good one, an economic method of travel eliminating or at least decreasing fuel expenses and vehicle maintenance. And this might be the one that’s closer to those people’s hearts. Improve personal economics leading to increased stimulation of a local economy. Save some spend some. As you can see the market for this product is wide spread yet we have not yet improved service nor provided a professional environment where the customer’s served with courtesy and respect. I yield my time to Ms. Flowers who will share her views on the elimination of the Fort Gordon route which we feel is an embarrassment to how we should extend not limit our city’s services to our military families. Thank you. Ms. Flowers: I would like to --- 2 Mr. Mayor: And – Ms. Flowers: --- say good afternoon to the Mayor and also the city officials. My name is Betty Flowers and I would like to ask you all to please consider putting the bus back at Fort Gordon. You know a lot of peoples in the city of Augusta is out of jobs and there’s a lot of jobs out at Fort Gordon. I used to work out there myself and I would like for you all to please consider putting the bus back on Fort Gordon. Thank you so much. Mr. Mayor: Thank you, ma’am. Okay, thank you so much. Commissioner Lockett. Mr. Lockett: I would like to thank both of you for the work that you’ve done. I think the information that you just provided us is very important and significant. Most of the stuff that you’re saying I know personally that is factually correct and I would hope that this body will be able to make those improvements that you spoke of. Thank both of you so very much. Mr. Mayor: Commissioner Mason. Mr. Mason: First of all thank you, Ms. Traina and Ms. Flowers, is it? We appreciate you coming forward. I don’t know if it would be appropriate to have for the record the copies of the signed petitions and so forth. The Clerk: Leave them with (inaudible). Mr. Mason: Okay and in addition to that I just want to say this. Your words did not go on deaf ears. I think this Commission as a whole is looking very seriously at the situation that we have. And I think you’ve brought out some very good points that this city deserves and our citizens deserves great transportation. Not just sometimes but you know it needs to be extended out to certain areas that do not have it but they pay for it on their taxes on the transportation tax but don’t have the ability to get on the bus that they wanted to. So we, I fully understand and I think this Commission understands and I think just to let you know what we can let you know is that we’re looking at all options right now to address a lot of the issues that you brought up. So it doesn’t go on deaf ears and I assure you, at least from this Commissioner and several others up here we’re going to do everything that we can to try to rectify the situation and bring the best transportation service that we can to this city. Because businesses everything hinges on transportation. And believe it or not I think transportation has been looked at falsely over the years as if it’s just for the poor or the down trodden. And we’ve got to get out of that mentality. Transportation is for everyone. If you go to Atlanta or other places you’ll see from the rich all the way down to the homeless riding transportation. So we’ve got to get out of that mentality that that’s only for the poor and the down trodden or the socially economically deprived. That’s not it at all. So we appreciate you coming forward. We’ll do the best that we can. Mr. Mayor: Thank you, ma’am. Commissioner Jackson. Mr. Jackson: Yes, on adding to that. If you vote for the TEE SPLOST that one cent sales tax brings about six million dollars to help the transportation. 3 Mr. Mayor: And to that I’d just like to say amen, amen and amen. Thank you, Commissioner Jackson. Commissioner Bowles. Mr. Bowles: For the record 15 cents of that one dollar sent to Atlanta stays in Atlanta. So not all the money’s coming back to Augusta. Just for the record. Mr. Mayor: All righty. Mr. Lockett: Amen, amen, amen. Mr. Mason: So what are you saying, Joe? Should I vote for it or not? Mr. Mayor: Madam Clerk, on to the, Mr. Russell. Mr. Russell: Mr. Mayor, if I can as a point of personal privilege. I’ll trespass on your time for about two seconds. As some of you know and most of you will hear in the next day or two USA Cycling National Championships will be held here in Augusta, Fort Gordon and Columbia County, Wednesday, Thursday, Friday and Saturday. In addition to that I’ve something that’s become very near and dear to me over the last several years. Is that we’ll be having the US Paralympics’ Cycling people and be cycling on the, the people that have helped defended our country that have been in tragic wrecks or whatever it goes a mile beyond in participating in para cycling some of which can’t walk some of which can’t hardly do anything. But they’re out there and they’re participating. Part of the honor that Augusta has this week on nd Friday June 22 at 6:00 p.m. of Broad Street and Ninth. The United States of America will be announcing its Olympic Paracycling Team. It will be representing us in London this summer. That’s an event that only happens once and it’s happening here in Augusta, Georgia this Friday. And we’d like to encourage you to participate or be there if you can. Thank you. Mr. Mayor: Thank you for sharing that, Mr. Russell. And what a phenomenal event for the city bringing great national and international attention to Augusta. So I would encourage everybody to get out and support that. Madam Clerk, if we could now move on to the consent agenda, please, ma’am. The Clerk: Yes, sir. Our consent agenda consists of items 1-24, items 1-24. For the benefits of any objectors to our alcohol and planning petitions once those petitions are read would you please signify your objections by raising your hand. I call your attention to: Item 1: Is a petition requesting a change of zoning from a Zone R-1A (One-family Residential) to a Zone B-1 (Neighborhood Business) affecting property known as 236 Camilla Avenue. Item 2: Is a request for a change of zoning from an R-1A (One-family Residential) to a Zone R-1D (One-family Residential) on property known as 2763 Mayo Road. The Clerk: Are there any objectors to those planning petitions? Mr. Russell: None noted, Madam Clerk. 4 The Clerk: I call your attention to the Public Service portion of our agenda. Item 4: Is a request for a retail package Beer license to be in connection with J & M Enterprises located at 1237 Gordon Highway. Item 5: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with O’Charley’s located on Robert C. Daniel Parkway. The Clerk: Are there any objectors to those two alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Mr. Mayor, members of the Commission the consent agenda consists of items 1-24. Mr. Mayor: Okay, gentlemen, do we have any additions to the consent agenda? Okay, hearing no additions oh, Commissioner Johnson. Mr. Johnson: If we can, Mr. Mayor, item 30. We were unable to get it on the committee cycle but they would like to get this through for this week, therefore not pushing it back to July or later. Mr. Mayor: Do we need to read that to see if we have any objectors? The Clerk: We need to go ahead and finish to see if anything else needs to be added. Mr. Mayor: Okay, do we have any further additions to? Do we have any items to be pulled for discussion? Okay, and, Madam Clerk, I believe we do have a couple of deletion requests from the agenda. The Clerk: Yes, sir, item 27 from American Works. That’s item number 27. They’re requesting that the item be postponed. However they did not indicate a postponement date. Mr. Patty, is this appropriate? Should there be? Mr. Mason: We don’t have unanimous consent for 27 anyway. The Clerk: Oh, okay, all right. Mr. Mason: So we’re going to go ahead and hear it. th The Clerk: Item 29 is also being asked to be postponed or rescheduled to the July 9 Legal Meeting. Mr. LeTellier, from the Augusta Regional Airport. Mr. Mayor: Do we have unanimous consent of that one? Okay. Thank you, ma’am. Okay, can I get a motion to approve the consent agenda and, Madam Clerk, I believe you need to read the new ownership applications. 5 The Clerk: Item 30 is a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with Helga’s Pup & Grill located at 2015 Central Avenue. Are there any objectors to this alcohol petition? Mr. Russell: None noted, Madam Clerk. The Clerk: Mr. Sherman, is the petitioner in the chambers? Mr. Sherman: (inaudible) Item 30 in the chambers for Helga’s Lounge? Okay, if you could step up to the microphone and just state your name and address for the record please. Mr. Connor: My name is Brian Connor and my address is 512 Brander Mill Drive and that’s in Evans Georgia. Mr. Sherman: The License Department and Planning and Development have reviewed the application and we recommend you approve it. Mr. Mayor: Okay. Gentlemen, can I get a motion to approve the consent agenda? Mr. Mason: Move to approve. Mr. Johnson: Second. CONSENT AGENDA PLANNING 1. Z-12-40 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Golmar Inc. requesting a change of zoning from Zone R-1A (One- family Residential) to Zone B-1 (Neighborhood Business) affecting property containing .47 acres and known as 236 Camilla Avenue. (Tax Map 016-0-014-00-0) DISTRICT 7 2. Z-12-41 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Southern Partners, on behalf of Porter Fleming, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-1D (One-family Residential) on property containing 1.13 acres and known as 2763 Mayo Road. (Tax Map 006-010-00-0) DISTRICT 7 3. ZA-R-214 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by amending area allowances in Section 28-B-8-B (Signs) Freestanding Signs in Professional, Commercial and Industrial Zones dealing with bonus percentages. PUBLIC SERVICES 4. Motion to approve New Ownership Application: A.N. 12-18: request by Michael Everhart for a retail package Beer license to be used in connection with J&M Enterprises of Augusta LLC DBA Lucky Spot located at 1237 Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee June 11, 2012) 6 5. Motion to approve New Ownership Application: A.N. 12-19: request by Brandon M. Summers for an on premise consumption Liquor, Beer & Wine license to be used in connection with O’Charley’s located at 276 Robert C. Daniel Parkway. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee June 11, 2012) 6. Motion to approve the lease renewal between Augusta and the Georgia State Properties Commission on behalf of the Department of Human Services for the DFACS Building located at 520 Fenwick Street. (Approved by Public Services Committee June 11, 2012) 7. Motion to approve the Enterprise Rent-A-Car Lease as approved by the Augusta Aviation Commission at their May 31, 2012 meeting. (Approved by Public Services Committee June 11, 2012) 8. Motion to approve the Hertz-Rent-A-Car Lease Agreement as approved by the Augusta Aviation Commission at their May 31, 2012 meeting. (Approved by Public Services Committee June 11, 2012) 9. Motion to approve holding the fees for this year and have a public hearing to receive public input on the issue relating to amending Augusta-Richmond County Code Section 6- 2, Alcoholic Beverages, so as to increase the retail alcohol license fees. (Effective 12/1/2012) Approved by Public Services Committee June 11, 2012) 10. Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia from July 1, 2012 to June 30, 2013. (Approved by Public Services Committee June 11, 2012) PUBLIC SAFETY 11. Motion to approve purchase of ESRI Professional Services for the Information Technology Department. (Approved by Public Safety Committee June 11, 2012) FINANCE 12. Motion to authorize the Finance and Utilities departments to begin the process for refunding the Water and Sewerage Revenue Bonds Series 2002 in the approximate outstanding principal amount of $98,875,000 and the issuance of up to $40,000,000 of additional bonds for new water and sewer projects, all of such bonds to be issued through a competitive bid process with Murray, Barnes, Finister, LLP and McKenna Long & Aldridge, LLP serving as bond and disclosure counsel. (Approved by Finance Committee June 11, 2012) 13. Motion to approve a request from New Life Community Fellowship Baptist Church for the refunding of 2011 taxes paid by the church in the amount of $1,613.12. (Approved by Finance Committee June 11, 2012) 14. Motion to approve a request for refund for Bio-Medical App. of Georgia, Inc., 1109 Medical Center Drive, for tax years 2009 ($241.09) and 2010 ($230.33), Aco#65500 and 6550. (Approved by Finance Committee June 11, 2012) 15. Motion to approve the replacement of two articulated boom arm mowers for Augusta Engineering Department – Maintenance Division. (Approved by Finance Committee June 11, 2012) ENGINEERING SERVICES 7 16. Motion to approve recommendation to award contract for RFP12-128, Janitorial Services for the Environmental Services Department, to M&M Management Services, Inc. in the amount of $34, 488.92. (Approved by Engineering Services Committee June 11, 2012) 17. Motion to approve entering into an agreement with The Augusta Beautification Program to provide landscape maintenance along Walton Way (SR 4) between 13th Street th and 15 Street as requested by AED/traffic Engineering. (Approved by Engineering Services Committee June 11, 2012) 18. Motion to approve the deeds of dedication, maintenance agreements, and road resolution submitted by the Engineering and Augusta Utilities Departments for Exchange Lane, and Water and Sewer Installation for Savannah River Banking Company. (Approved by Engineering Services Committee June 11, 2012) 19. Motion to authorize the Finance and Utilities departments to begin the process for refunding the Water and Sewerage Revenue Bonds Series 2002 in the approximate outstanding principal amount of $98,875.00 and the issuance of up to $40,000,000 of additional bonds for new water and sewer projects, all of such bonds to be issued through a competitive bid process with Murray, Barnes, Finister, LLP and McKenna Long & Aldridge, LLP serving as bond and disclosure counsel. (Approved by Engineering Services Committee June 11, 2012) 20. Motion to approve entering into a Mowing and Maintenance Agreement as well as an Indemnity Agreement with the Georgia Department of Transportation along Walton Way thth (SR 4) between 13 Street and 15 Street in conjunction with median landscaping project as requested by AED/TE. (Approved by Engineering Services Committee June 11, 2012) 21. Motion to approve a proposal in the amount of $203,716.00 from Westin Engineering to update ERP (Emergency Response Plan), COOP (Continuity of Operations Plan) and VA’s (Vulnerability Assessments) for the Utilities Department. (Approved by Engineering Services Committee June 11, 2012) PETITIONS AND COMMUNICATIONS 22. Motion to approve the minutes of the regular meeting of the Commission held June 5, 2012 and Special Called Meeting held June 11, 2012. 23. Motion to approve the rescheduling of the July 3 Commission meeting to June 28, 2012. APPOINTMENTS 24. Motion to approve the appointment of Ms. Aimee Murphy to Animal Control Board representing District 3. PUBLIC SERVICES 29. Motion to approve Choate Construction Change Order #7 – New Fixed Base Operations (FBO) in the amount of $78,492.62 as approved by the Augusta Aviation st Commission at their May 31, 2012 meeting. (No recommendation by Public Services Committee June 11, 2012) 30. New Ownership Application: A.N. 12-20: A request by Bryan Connor for an on premise consumption Liquor, Beer & Wine license to be used in connection with Helga’s Pub & Grill located at 2015 Central Avenue. District 1. Super District 9. (Requested by Commissioner Joe Jackson) 8 Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Guilfoyle: Madam Clerk, please note Items 13 and 16 I’m voting no on, please. The Clerk: Are you wanting to abstain on 29, too, sir? Mr. Guilfoyle: Yes, abstain on Item 29. The Clerk: Okay. Mr. Guilfoyle: That was actually taken off the --- th The Clerk: Rescheduled to the 29. Mr. Mayor: Commissioner Hatney? Mr. Hatney: Abstain on all alcohol, please. Thank you. The Clerk: Thirteen and sixteen, Mr. Guilfoyle? Mr. Guilfoyle: Yes, ma’am. The Clerk: And are you going to abstain on item 29? Mr. Guilfoyle: Yes. The Clerk: Okay. Mr. Mayor: Okay, if there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Guilfoyle votes No. Motion carries 9-1. [Items 13 and 16] Mr. Guilfoyle abstains. Motion carries 9-0-1. [Items 29 and 30] Mr. Hatney abstains. Motion carries 9-0-1. [Item 4-5] Motion carries 10-0. [Items 1-3 5-12, 14, 15, 17-24] Mr. Mayor: Thank you, ma’am, and I believe due to the crowd, the majority of it being here for I believe item #28, I’ll go ahead and call that one first please. 9 The Clerk: PLANNING 28. Z-12-42 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by James B. Trotter, on behalf of L.P. Mays Family Partnership, requesting a change of zoning from A (Agriculture) and B-1(Neighborhood Business) with stipulation (Z-02-14) to Zone R-3B (Multiple-family Residential) affecting property containing 16.87 acres and is known as 1213 Augusta West Parkway. (Tax Map 030-0-056- 00-0) DISTRICT 3 Mr. Mayor: Mr. Patty? Mr. Patty: This is a 16.87 acre tract and it’s currently zoned B-1, part of its zoned B-1. Most of its zoned B-1 and part of its agriculture actually, separated by a power line. And that’s the line of demarcation for the zoning and the property, the condition of the property it can only be, the commercial portion of it can only be used to build individual office buildings. That’s been in effect since I believe 2006. The applicant comes forward with a petition that would allow them to build 254 apartment units on the property. They’ve got a detailed site plan and they’ve done a traffic study and it was presented to the Planning Commission I think you know if anybody’s looked at it they could argue it one way or the other. But I think the prevailing thought of the Planning Commission was the current zoning provides ample opportunities to develop the property as it was done at the request of the property owner in 2006 or 2008. I can’t remember which it was. And they felt that this Commission it should be zoned so it was recommended it be denied. Mr. Mayor: Okay, thank you, sir. Can we hear from the applicant or the representative of the petitioner? And I’ll give you five minutes and then five minutes for the other side as well to be fair to everybody. Mr. Trotter: Excuse me, Mr. Mayor, I didn’t have time to get several things together. I was out in the hallway but I would ask the Clerk pass out the letters that we have --- Mr. Mayor: Okay. Mr. Trotter: Members of the Commission and Mr. Mayor, I appreciate you allowing us to present this application on behalf of the Mays family. I have many members of the Mays family here with me today. This property has been in their family for almost two-hundred years and it’s very important to them for a number of reasons. First of all --- Mr. Russell: Sir, before you start can we get your name for the record, please. Mr. Trotter: Sorry, my name is Jim Trotter. My office address is 3527 Walton Way. I’ve got an image that I can show. For some reason it’s not coming up on the screen. What we’ve got here is a proposal for a Class A apartment complex. This apartment complex if approved is going to generate rents in the range of $915.00 for a one bedroom to $1,200.00 for a 10 three bedroom. We’ve got sample elevations here as well. It shows proposed construction. We’ve got nice brick and stone facades. We have Class A apartments similar to the Brigham Woods Apartments that was built recently on Boy Scout Road. The site plan shows in the front along closest to Augusta West Parkway six three story buildings and in the back on the area that’s currently zoned Agricultural three two story buildings. And you can see the back four or five acres really only have two buildings. Those are the buildings that are closest to the Hill Creek Neighborhood. You can also see on this top right picture the current zoning and the current setbacks they’re required at 30 feet. We’re proposing a 120-foot setback from the property line to the building. Four times the required setback. We’re also proposing that all the existing vegetation that covers up this property from the Hill Creek neighborhood remain and that additional vegetation and screens be added to further shield these apartments especially these in the back from the neighborhood. You can see that the club house and the amenity area is up on the front closest to August West Parkway. The developer for this project is a company out of Atlanta called Two Capital Partners. Selectively they’ve completed over $2 billion dollars of real estate development. They’ve financed and developed over 2,000 units of apartments throughout the southeast. It is a $24 million dollar project. They are ready to go. Right now the property generates about $13 or 14-thousand dollars in property taxes each year. Once completed, it will generate between $250 and $300,000 dollars of property taxes each and every year. Rooms full of objectors from the Hill Creek and surrounding neighborhoods. We’ve talked with them before. We’ve had several meetings with them. Before I got involved the developer and the property owner had meetings with them. After I got involved I have another meeting with them and we did so. They have two main objections. They’re objection number one is traffic. They say that traffic’s bad in the area already and they’re right. Traffic is bad but the current zoning for professional offices will allow for the development of thirteen offices at 15,000 square feet each. We’ve got a full traffic study. This is just a letter summarizing it. The full traffic study showing that that current zoning will generate between 2,100 and 7,000 average daily trips. This proposed zoning will generate according to the traffic engineers and average of 1,700 average daily trips. The traffic impact will go down with this zoning from the current zoning. This is not, I haven’t made these numbers up these are from the tool traffic engineers who have worked diligently on this project. They’re worried about crime. We’ve heard complaints about crime since apartments the crime stats show that in the last nine years you don’t see any significant increases in crime. There was a bump in ‘04 and ’05 of eight per year. These are property crimes. They’ve gone up and down since then. There’s a fear of low income or Section 8 or a different class of people living there. That’s not the case. These are high class, Class A apartments. And I know my time is running short. I could talk to you for half an hour or more. In conclusion there is no legal basis for denial. Frankly it was denied at the Planning Commission because that room was just as full as it is today. But I could pack the room too. I could pack the room with construction workers who would be benefited by a $24 million dollar project in town. I could pack the room with citizens choosing to live here and spend their tax dollars here in these apartments. And the legal standard for approval or denial is not how many people are against it. The legal standard for approval or denial is whether or not it bears a substantial relation of the public health safety or morality. And we don’t believe a denial would do that. Mr. Mayor: Okay. Thank you sir your time is up. Yes, sir, Mr. Mason. 11 Mr. Mason: Thank you, Mr. Mayor. Well, you know what? I’m going to defer. I don’t know if the Commissioner of the district had something to say in reference to it. I’d prefer to, I’ll wait until I hear from him. Mr. Mayor: Okay and I’d like to, if we have somebody representing the objectors side I’d give equal time, five minutes. Do we have somebody from the neighborhood association that. Is there a designated spokesman or I see about three hands that are designated spokesmen. Mr. Mason: Waving feverishly. Mr. Mayor: Okay. So is everybody is mainly in agreement this is the designated spokesperson. Ms. Floyd: I represent (inaudible) which is also an apartment (inaudible). Mr. Mason: Oh, so there’s two. Ms. Floyd: (inaudible). Mr. Mayor: Okay, well, I still to give equal time to either side so I’ll if you could state your name and address for the record, please, ma’am, and keep it to five minutes as well. Ms. Floyd: I’ll do my best. My name is Rosalind Floyd. I live at 2503 Larchmont Court in the Hill Creek Subdivision. Thank you so much for allowing me to speak to you today. I’m proud to serve as a spokesperson for the property owners and residents of Hill Creek, the Meadows of Hill Creek and the professional offices at Hill Creek. We’re here today to voice our opposition to the rezoning of the Mays property located at 1213 Augusta West Parkway for the construction of apartments. The homeowners and property owners in Hill Creek are opposed to proposed apartments adjacent to our property for several reasons. Number one the apartments would have a severe impact on the character and quality of our neighborhood. Apartments pose a threat to the safety and peace of the Hill Creek community. We believe that this zoning change directly contradicts existing zoning plans for this property. Number two the traffic congestion that already exists will be made far worse with the addition of 252 apartments on Augusta West Parkway. Contrary to the opinion of the traffic study paid for by the applicant depending on resident occupancy per unit at 252 to 400 vehicles will be coming and going all times of the day and night from the apartments alone. This will only add to the existing traffic congestion on Augusta West Parkway. The addition of another entrance with so many cars entering from an apartment complex will cause total gridlock in that small stretch of Augusta West Parkway. Number three McDonald’s is located or is locating on the corner of Augusta West Parkway which will add more cars to the already congested traffic on both Augusta West Parkway and Wheeler Road. There are currently eight driveway cuts on Augusta West Parkway including the Rite Aid Pharmacy, Jo Ann’s Day Spa, Hill Creek Subdivision, professional complex, Augusta Dental Associates and the professional office on the opposite side of Augusta West Parkway. As it stands now it’s almost impossible to make a left hand turn on to Augusta West Parkway. This doesn’t even include the entrances to Regions Bank nor the offices located on the opposite end of Augusta West Parkway. We know that the property will be developed commercially at some 12 point but we believe that by keeping the current zoning as it is it will eliminate the influx of unmanageable traffic from the apartment complex that will be highest and best use of the property. Also the area was in a two mile radius of Hill Creek is saturated with apartments which are not at 100% at capacity. And some of them started as luxury apartments. Devaluation of our property apartments by their transient nature would devalue our property. Apartments change the very nature of an area as there’s no comparing the transient occupants of apartments to the stable homeowners of Hill Creek. No one would even want to buy or live in Hill Creek with loud noise of the apartments next door. Many residents have already said that they will move if the apartments are built and we depend on you our county commissioners to protect our property values. Number six, the noise factor that accompanies apartments will disrupt any enjoyment Hill Creek homeowners would have in their yards or homes. The two and three story apartments would tower over all development in the area and personally would directly into my back yard. I have enjoyed my privacy there for almost twenty years now and I really wouldn’t like to give that up. On a more personal note my husband Herman Floyd knew that he would not be with me for the rest of my life. Before his passing in 2004 he did everything he could to make sure that I could live in a safe and financially stable environment and I am sure that there are other stories like mine. For those of you on behalf of those of us who love Hill Creek, its community and its amenities we’re asking that you vote no to the rezoning of the Mays property. Thank you. Mr. Mayor: Thank you, ma’am. And --- Mr. Mason: Well, I kind of wanted if you have something to say add to that as district Commissioner. Mr. Mayor: Through the Chair, gentlemen. Commissioner, did you? What’s that? But it’s still to give equal time to for and against I, Commissioner Bowles. Mr. Bowles: Yeah, I see ya’ll put me on the spot here. I wasn’t ready to talk but we’ll go ahead. Mr. Mayor, I’ve got, you know, when this, I’ve read through this many times this development plan it looks great it could be a wonderful plan. But it’s butting up to a neighborhood full of retirees who worked their entire lives to retire in a peaceful, tranquil area. And this is an area where when my father passed away I moved my mother into Hill Creek at 2805 Musgrove Drive back in 1993 because of its peaceful nature. And when you come in and I could go either way on this and I told a friend of mine that was working on this in Planning and Zoning I’ll support whatever Planning and Zoning does. And, Mr. Mayor, they have opposed this project and I’ve got to believe that our staff and our planning and zoning have done their due diligence to protect the taxpayers of Augusta. And I think and also protecting the taxpayers who So I’m going to make a motion to are protecting the property values of Hill Creek owners. approve the denial of this petition. Mr. Mason: Second. Mr. Mayor: Do we have any further discussion? We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. 13 Motion Passes 10-0. Mr. Mayor: Okay and now, Madam Clerk, on to and I’ll give a minute for the chambers to clear. The Clerk: PLANNING 25. Request to approve the FY 2013 Metropolitan Transportation Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation. Mr. Brigham: So moved. Mr. Lockett: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Motion Passes 10-0. The Clerk: PLANNING 26. Z-12-38 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1. Public sewerage must be extended to site before any development of subdivision occurs; 2. The existing pond must remain in place; 3. No mitigation of the wetlands shall be applied for an all wetlands shall remain intact except for what is necessary to disturb to provide sewer service; 4. And the pond may not be used for storm water management purposes; a petition by Bluewater Engineering on behalf of Brannen and Son Inc., requesting a Special Exception in an R-1C (One-family Residential) Zone to establish attached and detached dwellings developed in accordance with Section 13 of the Comprehensive Zoning Ordinance provided that the density of dwellings shall not exceed seven (7) units per acre per Section 11-2(a) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 4.87 acres and is known under the present numbering system as 3375 and 3377 Beaver Drive. (Tax Parcel 041-2-202-00-0 and 041-2-203-01-0) DISTRICT 3 Mr. Mayor: Mr. Patty. Mr. Patty: We had one objector to this and it’s been our policy to put these of the regular agenda if we have an objector. He’s not present and I just recommend that you approve it with the conditions as approved with reasonable request. Mr. Jackson: So moved. Mr. Smith: Second. 14 Mr. Mayor: We have a motion and a second. Mr. Brigham: Is the objector present or not? Mr. Mayor: Do we have the objector present? Okay if there is no further discussion and they objector is not present Commissioners will now vote by the usual sign of voting. Mr. Bowles abstains. Motion Passes 9-0-1. Mr. Mayor: Mr. Bowles. Mr. Bowles: Just for the record there could be a potential conflict of interest on the zoning so I’m going to have to abstain. Mr. Mayor: Yes, sir. The Clerk: Item 27? Mr. Mayor: Yes, ma’am. The Clerk: PLANNING 27. Z-12-39 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by American Work Inc., on behalf of Bruce and Catherine Hitt, requesting a Special Exception to establish a Family Personal Care Home, per Section 26- 1(h) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing approximately .68 acres and known as 4112 Big Oak Drive. (Tax Map 196-0- 092-00-0) DISTRICT 8 Mr. Mayor: Mr. Patty. Mr. Patty: Staff recommends it be denied, sir. Mr. Guilfoyle: Motion to deny. Mr. Jackson: Second. Mr. Mayor: We have a motion and a second. And prior to I’d like to hear from the petitioner and we have opposition just to be fair, equal and balanced. Mr. Speaker: Good evening. My name is Patrick Waters. I’m the director of American Work. We serve persons with developmental disabilities. And we are requesting a Special Exception of Comprehensive Zoning Ordinance in order to establish a group home for 15 individuals with mental retardation. Our plan is to establish a home for four individuals who have mental retardation. We believe these individuals have a right to live in the community. However they need assistance in order to care for themselves. American Work provides that type of assistance. Even though the Planning Commission is requesting concurrence to deny this petition we do believe that individuals with mental retardation are protected under the Fair Housing Act which makes it unlawful to deny a permit for a home because the disability of the individuals who live or would live there. Mr. Mayor: Okay, thank you, sir. And do we have anybody, a designated representative to speak in opposition. And if you could state your name and address for the record as well please, sir. Mr. Roe: Good evening, sir. My name is Timothy Roe. I live at 4104 Big Oak Drive. Okay I’m here representing the residents of Big Oak Drive on this issue. Sir, the packet is being passed out. There is a fact sheet in there if we’ll go to that. If we go to that that’ll help me get this --- Mr. Mayor: Okay, sir, to be fair and equal if you could keep it to five minutes, please. Mr. Roe: Yes, sir. Gentlemen, if you’ll open the packet and pull out the fact sheet it’s the one that’s behind the letter to the Mayor. Sir, we’re here today because the residents of Big Oak Subdivision are here to protest the granting by the way of Special Exception, the approval of a personal family care home at 4112 Big Oak Drive. Big Oak is a community of only twenty residents. It was established in approximately 1980 by Mr. Thomas Bradford. It’s on about 20+ acres. It’s a quiet residence of culturally and economic diverse community. It’s on a cul-de-sac. Now sir I already stated the situation so if you’ll go to that second sheet of that fact sheet this is what would happened to us and just what it means to Big Oak. First thing we have a restrictive covenant that says that no portion of Big Oak settlement shall be used for commercial purposes and shall be solely residential. The owner of the property Mr. Hitt lives at 4109 Big Oak and he owns the property directly across the street. By the covenant and the property being protected under the covenants which runs with the land he cannot give permission to anyone to run a business out of 4112. To continue right along sir we would then be faced with unruly tenants, persons that were screaming, lashing out possibly even violent because of their disabilities or the lack of abilities and skills to cope with their environment. We would have increased wear and tear on our roads. We are on a cul-de-sac. A high noise level from the additional traffic of a staff that would have to work around the clock to service these particular personnel, increased presence of emergency vehicles. Moving on, sir, it would also increase the parking. We also within our covenants have a restriction on parking on the roadway. This property cannot have the property expanded because it has a septic tank system that would prevent such expansion. Also increased health risks from pathogens such as things like adult diapers disposal, bedding, medical products that would be placed on the curb for trash pickup. Inability to enjoy our neighborhood due to the presence of unknown persons, tenants, workers moving in and out. Our children wouldn’t be able to ride their bikes or play in the neighborhood without some type of increased supervision. Loss of community due to being forced to endure the existence of such activity. Once these activities are established they can be changed to fit the needs of the owner/operator and they can be made into things such as halfway houses, prison work release, 16 drug or etcetera. This will hinder the future potential buyers from deciding to buy a home in Big Oak Subdivision and it will result in a decrease in our property values. So we don’t want this. What we’re asking for here is that the residents of Big Oak, that the residents of Big Oak that they Augusta Planning Commission has already voted this particular issue down. We’re asking the Commission to do the same and deny this special request. Mr. Mayor: Okay, thank you, sir. We have a motion and a second. Mr. Russell: Mr. Mayor, can we --- Mr. Mayor: Mr. Russell. Mr. Russell: --- this particular case just a count of the individuals that are either for or against this? Mr. Mayor: We can. If we could first get a show of hands of those who are here in opposition. Mr. Hatney: Excuse me a question. Mr. Mayor: Mr. Hatney. Mr. Hatney: Mr. Administrator, you didn’t do that the last time. You really didn’t. You did not do that the last time. Mr. Russell: (inaudible). Mr. Hatney: No, sir, you did not do it. You had a room full of folks and nobody raised their hands. Mr. Russell: I agree. Mr. Hatney: You did not do that. Mr. Mayor: I apologize. I overlooked that as well. Mr. Guilfoyle: Mr. Mayor, can we call for the question? Mr. Hatney: (inaudible). Mr. Roe: Well, sir, also within that there is a petition in my packet that I’ve rendered to you. Mr. Mayor: If you could give that to the Clerk of the Commission, Ms. Bonner, please. Mr. Roe: She’s already got a complete packet. It’s the same as yours, sir. 17 Mr. Mayor: Okay. Mr. Guilfoyle: Call for the question. Mr. Mayor: Is there a just to give equal time is there, are there those who are here in support of this? If you could please raise your hand. Okay, thank you. We have a motion that’s been properly seconded the question has been called for. Madam Clerk, if you could please read back the motion for the point of clarity. The Clerk: The motion is to concur with the recommendation of the Planning Commission to deny a petition by American Work on behalf of Bruce and Catherine Hitt requesting a Special Exception to establish a family personal care home on property known as 1412 Big Oak Drive. Mr. Mayor: Commissioners will now vote by the usual sign of voting. Mr. Brigham votes No. Motion Passes 9-1. Mr. Mayor: Madam Clerk, next agenda item, please. The Clerk: PUBLIC SERVICES 31. Discuss alternative approaches for discovery and collection of unknown/under reported license revenue. (No recommendation from Finance Committee May 29, 2012 and deferred from the Augusta Commission meeting June 5, 2012) Mr. Mayor: As there’s no recommendation from the Finance Committee, can we move this back to the next Finance Committee? Mr. Brigham: No, sir, we’ve got a recommendation from staff. Mr. Mayor: Okay. Mr. Patty? Mr. Patty: I don’t know if you want the long version or the short version of this but the short we’ll start out with that is that at the retreat at the library last July you tasked me with coming up with a headhunter approach to finding and collecting undiscovered revenue in the License Division. And we came up with a plan to do that. We got it back before you in October of last year and you said go ahead but make sure that all the costs are covered by the revenue discovery. And based on that we went out and we went through Procurement we solicited we got, we asked for proposals that would provide a methodology to us. And we ended up with one that sounded pretty good actually only had it for one period. And we spent several months trying to work through that proposal so that we don’t end up in a situation where like maybe we have in some other consultant contracts here recently that had unintended consequences and unknown, 18 th don’t go in our favor. And finally on May 4 I dumped this in the lap of the Administrator and the Assistance Administrator and the attorney’s and there were several things that hadn’t been resolved at that point. So I was told to bring that forward to the Commission which I’m doing today. We identified a rather lengthy paper which I think y’all have. And we identified four areas of, four problem areas that needed to be resolved before we went forward and since made it forth when we met with the Administrator. Most of those areas have been resolved. If you want me to go through the details of that I will but we’re down really to the point with this consultant contract and I think the way the agenda item’s worded there are other alternatives but if we go forward with the consultant contract we believe that there’s significant undiscovered revenue out there and we believe this consultant would have the ability to find that we saw in doing that some of which were pretty scary. And we’re down to one problem and that is that in order to allow our software and the consultant’s software to interact in order to search these records, discover records and enter them into our system there would have to be some work done by our software vendor which is MS something or other. And the cost of that work would be about $30,000, 20- 30 thousand dollars. And there’s some variables there but we’ve got them down into that range. And that money would have to come from somewhere. I have no doubt it would be made up at the back end by the discovered revenue but we’d have to have that money that is not currently budgeted on the front end in order to get this work done to the software in order to be able to work with this consultant. In during the months we’ve worked on this project we’ve also come up with some things that we can do as a staff without using the consultant. There’s actually some low hanging fruit there. One thing is that we are, our revenue is calculated in broad categories and by narrowing those categories and adding additional categories we think there’s significant gain to be done there. We also found some databases that we can use the Georgia Power data base, the Utilities, and Environmental Services databases that we can do a spread sheet and you know locate unlicensed people there that are showing up on those databases. And IT has come up with a pretty innovated, some pretty innovated applications of I Phones and I Pads that we can use in the field to discover people that aren’t there. Another option would be to hire the consultant that we hired as a consultant to the staff rather than to turn him loose and actually locate and collect the revenue themselves. And we just need some guidance at this point on which direction you want to go. Mr. Mayor: Commissioner Bowles. Mr. Bowles: I don’t know about anybody else but I’d like to look at something before I motion to refer this item back to the committee. can vote on it so I make a recommendation, a Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Commissioner Hatney. Mr. Hatney: Let me ask, just one question. Thank you, Mr. Mayor. You know to say that we’re going to pick up this money on the other end it’s not to put you on the spot. I wouldn’t do that. I really wouldn’t but to speculate like that it’s almost like sending a blind man hunting. Mr. Patty: Well --- 19 Mr. Hatney: They don’t have a clue what you’re going to find out there. Mr. Patty: My response to that is --- Mr. Hatney: Don’t have a clue. Mr. Patty: --- this consultant does this for a living. Mr. Hatney: Why don’t we just hire somebody on the staff and be through with that? Mr. Patty: We could do that. Mr. Mayor: I’m just going to chime in and then I’ll get Commissioner Guilfoyle. I had a discussion with Commissioner Lockett last week, a great discussion about sometimes we get pennywise and pound foolish. And in a situation like this the consultant has a proven track record. If we could look at to where they brought it in on the background and it’s you know we’re in the black on these things I think that’s something we need to strongly consider and more than likely do. Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Patty, as far as the data we have already collectively in our database from 2005, 2007 and 2012 we can look at the business licenses that’s dropped off over the period of years. Naturally we’ve got the phone book and we’ve got a wonder IT Department that should be a cross reference to find out who has dropped over the period of years and who’s actually did not pay and still continues to run a business. There’s a, I don’t know if you look to see what you can do in house with your own staff or --- Mr. Patty: That’s basically what our inspectors do. They’re out there looking for uncollected revenue we’ve got on the books from previous years. Mr. Guilfoyle: How many have you located or found in this past year and a half? Mr. Sherman: Every year you know we send out the tax bills and the payment is due by the end of January. Then after that is delinquent. So we have four inspectors who follow up on the past due accounts. And towards the end of the year they collected most all of it or they have tried to get in touch with those who are in, who were sent bills that didn’t respond. And then they’ll take them off the sheet. Now they, the ones that do not come off they will fall over to the next year then they’ll begin the same process again. So that is, that’s the process. And this year we’re ahead on the revenue $2.4 million already this year. Mr. Guilfoyle: (unintelligible). Mr. Mayor: Commissioner Brigham. Mr. Brigham: You gave an excellent explanation of what we do about people we already send licenses to. How many new businesses have we found that didn’t voluntarily come in and 20 ask us for a license? Do we go out and look at on the street and find them operating as a business and tell them that they need to get a business license for the last year? Mr. Sherman: I can’t answer that. The inspectors spend their time looking for the money that we know is supposed to be there. As far as going out looking for businesses if it’s in an obviously location in a store front it’s easy to pick up. If it’s in somebody’s house, next to impossible to know where they are. The one’s that are on the street corners they check on those when they’re there. But you know the smaller business, the guy that’s going down the street with a lawnmower in the back of his truck we don’t have all this. Mr. Brigham: We don’t even have a good feel of contractors that come in this county to do businesses. Mr. Sherman: Well, the contractors in order for them to get a business license they have, I mean in order for them to get a permit they have to have a business license. Mr. Brigham: You’re telling me there’s no contractors doing work without a permit? Mr. Sherman: I’m sure there are. But if people will tell us where they are we can you know we can follow up. And another thing. At the construction sites the inspectors are verifying that the ones, the subs that are there do have business licenses. You don’t have one in Augusta you just have to have one somewhere wherever your business is located. But to go back I’m sure there are businesses out there that are without. Mr. Brigham: I still think there’s a number of businesses that are in business that do not have business licenses and we are not making any concerted effort to find those businesses. Mr. Mayor: Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. I know that working with Rob Sherman this past year as well as early on this year and the construction committee they have working, been proactive in trying to resolve this problem. I appreciate them letting me be a part of that when they do have their meetings. Mr. Mayor: Thank you. We have a motion that’s been properly seconded to refer this item back to committee. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Brigham and Mr. Hatney vote No. Motion Passes 8-2. Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: We do have a need for a (inaudible). We have a real estate matter as well as some other pending, potential and litigation but it should be short. 21 LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. ADDENDUM 32. Motion to approve going into a Legal Meeting. Mr. Mayor: Can I get a motion to go into Legal to address those issues? Mr. Mason: 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. Bowles and Mr. Hatney vote No. Motion Passes 8-2. Mr. Mayor: We are in Legal. [LEGAL MEETING] ADDENDUM 33. Motion to approve Resolution to authorize purchase of property located at 3035 Tobacco Road, 3043 Tobacco Road and 3047 Tobacco Road Augusta, Georgia. Mr. Aitken: Motion to add this item to the agenda and approve. Mr. Johnson: Second. Mr. Guilfoyle votes No. Mr. Hatney out. Motion Passes 8-1. 34. Motion to approve Resolution authorizing the settlement of all claims related to Robert Mullins and Association for Fair Government v. Augusta, Georgia 2008 RCCV 1017 in the aggregate amount of three thousand dollars ($3,000.00) along with payment of the special master’s fees to date in the amount of four hundred sixty two dollars and fifty cents ($462.50); authorizing the County Administrator to disburse the amount of three thousand four hundred sixty two dollars and fifty cents ($3462.50); and for other purposes. Mr. Lockett: Motion to add this item to the agenda and approve. Mr. Johnson: Second. 22 Mr. Hatney out. Motion Passes 9-0. 35. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Brigham: Motion to approve. Mr. Johnson: Second. Mr. Hatney out. Motion Passes 9-0. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Augusta Richmond County Commission held on June 19, 2012. ____________________________________ Clerk of Commission 23