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HomeMy WebLinkAboutRegular Commission Meeting September 18, 2012 REGULAR MEETING COMMISSION CHAMBER SEPTEMBER 18, 2012 Augusta Richmond County Commission convened at 5:00 p.m., September 18, 2012, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Mason, Smith, Hatney, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Aitken, member of Augusta Richmond County Commission. The invocation was given by Apostle C.M. Harrington, Pastor Strait Gate Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: And Pastor if you could please come forward I’ve got a little something for you. Thank you, sir, for that wonderful invocation. Office of the Mayor. By these present be it known that Apostle C.M. Harrington, Pastor Strait Gate Apostolic Church is Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the community. Serves as an th example for all of the faith community. Given under my hand this 18 of September 2012. Deke Copenhaver, Mayor. (APPLAUSE) Mr. Mayor. Madam Clerk, on the recognitions. The Clerk: RECOGNITIONS Employee of the Month Award A. Mr. Kelvin Williams, Augusta Utilities Department August 2012 Employee of the Month. The Clerk: Yes, sir. At this time we’d like to recognize Mr. Kelvin William, Augusta Utilities Department as our August 2012 Employee of the Month. Mr. Wiedmeier along with other members of the Augusta Utilities Department Mr. Williams, please join the Mayor. Mr. Mason, would you like to share in this recognition? The Clerk: Dear Mayor Copenhaver. The Employee Recognition Committee has selected Kelvin Williams as the August 2012 Employee of the Month for the City of Augusta. Mr. Williams is employed as a plant mechanic for the Augusta Utilities Department. He has worked for Augusta Utilities since the year 2008 and has worked with the City of Augusta since 2003. He was nominated by Mr. Alan Flanagan of the Utilities Department. Kelvin is said to be a pleasure and a delight to work with. He’s always in an upbeat mood and interacts great with all of his coworkers both in maintenance and operations. He always has a very positive attitude throughout the day no matter what tasks are necessary for a smooth operation at the Max Hicks Plant or ground water facilities. Kelvin is great at improving the productivity of the maintenance department. If there is equipment that needs to be fixed preventive maintenance to be performed 1 or any kind of equipment to be replaced or repaired hi’s always eager to jump right in to get the plant back up and running in the shortest time possible. At times when he’s on call he’s always ready to come to the rescue in the time of need. He’s passionate about his work. During times when operations are short staffed Kelvin is a great resource to rely on. He’s flexible in that he’s effortless alternates from operations first and then to maintenance department which is a different division. He’s steps up and fills in vacant spots on a shift at a moment’s notice to reduce the work load on the operation. With a quality employee like Kelvin Williams the cost savings is in the employee. Augusta Utilities is getting more bang for the buck. In Kelvin Augusta Utilities has onboard and outstanding maintenance worker and the highest quality water production operator all wrapped up in one. Kelvin adds value that doesn’t stop there however these are just a few of the quality traits and good work ethics that he has displayed during his time with the Augusta Utilities Department and we are happy to have him. The Employee Recognition Committee felt that based on this nomination and Mr. Williams’ dedicated and loyal service to the City of Augusta and the Augusta Utilities Department we would appreciate you in joining us in awarding him the August 2012 Employee of the Month. Congratulations. (APPLAUSE) Mr. Mayor: I’ve got just a letter to read as well. Dear Mr. Kelvin Williams. On behalf of the City of Augusta it is with great pleasure that I congratulate you for being recognized as the Employee of the Month for August 2012. Your contribution to your organization and Augusta Richmond County government and the citizens of Augusta has earned you this recognition. I appreciate your willingness to go above and beyond the call of duty and your outstanding work ethic. You are truly an asset to the Utilities Department and the citizens of Augusta Georgia. Please accept my personal congratulations on this wonderful award. You are truly deserving of this recognition. Sincerely yours, Deke Copenhaver, Mayor. (APPLAUSE) The Clerk: Mr. Mason? Mr. Mason: I just want to say what a fantastic job obviously by the fact that he’s recognized. And it’s important for us to recognize our employees. A lot of times they do jobs that they feel like it’s a thankless position. And he’s recognized today but I know that we a lot more great employees that could easily be standing here just like he is. For that I want to say thank you and continue to do a great job for Augusta Richmond County. (APPLAUSE) Mr. Wiedmeier: I’d just like to thank Kelvin for his hard work and his great attitude. He’s really a joy to work with and he represents our department well. So thank you very much. (APPLAUSE) The Clerk: Would you like to say something, Mr. Williams? Mr. Williams: Yes, first of all I’d like to all thanks to God. If it wasn’t for him I wouldn’t be standing before you all today. But I’m a team player but I can’t accept this alone. I got to at least bring in my coworkers especially Beasley, Mr. Alan Flanagan and Jones, Mr. Wiedmeier and the rest of the staff. The Max Hicks Water Treatment Plant/the Highland Avenue Plant. It’s a great plant to work for and just to bring back some memories the Max Hicks Water Treatment Plant was the plant of the year throughout the state of Georgia. 2 Mr. Mason: That’s right. Mr. Williams: And it’s a blessing to be a champion. And thank you very much. (APPLAUSE) Mr. Mayor: Madam Clerk, on to the delegations. The Clerk: DELEGATIONS B. Messrs. Larry Jones and Randy Hatcher. Augusta Chamber of Commerce. (Requested by Commissioner Matt Aitken) C. Mr. William Battle, Founder/Chairman of BOD (Men Making a Difference, Inc.). RE: Richmond County Juvenile Court part-time judges vs. full-time judges. The Clerk: Yes, sir, on our addendum agenda our delegation both, B was omitted however we’ve had requests from both delegations to be deleted from today’s agenda. Commissioner Matt Aitken requested that item B be deleted and Mr. Battle asked that his delegation request be also deleted from today’s agenda. Mr. Mayor: Okay. Mr. Brigham: So moved. Mr. Mason: Second. Mr. Mayor: We have a motion and 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 consent agenda, please, ma’am. The Clerk: Our consent agenda consists of items 1-33, items 1-33. For the benefit of any objectors to our Planning petitions, once the petition is read would you please signify your objection by raising your hand. I call your attention to: Item 3: A change of zoning from and R-2 (Two-family Residential) to Zone R-3B (Multiple-family Residential) on property at 2024 Wrightsboro Road. Item 4: Is a change of zoning from a Zone P-1 (Professional) to a Zone B-1 (Neighborhood Business) affecting property at 1004 and 1008 Druid Park Avenue. Item 5: Is a request for a change of zoning from a Zone LI (Light Industry) to Zone HI (Heavy Industry) affecting property at 601 Sand Bar Ferry Road. 3 The Clerk: Are there any objectors to those Planning petitions? Okay. I call your attention to the Public Service portion of our agenda. Are there any objectors to any of the alcohol petitions, would you please signify your objection by raising your hand. I call your attention to: Item 6: Is a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with the Applebee’s Neighborhood Bar & Grill located at 3117 Washington Road. Item 7: Is a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with the Applebee’s Neighborhood Bar & Grill located at 3125 Windsor Spring Road. Item 8: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with the Boar’s Head Public House located at 1135 Broad Street. Item 9: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with Buca di Beppo located at 3450 Wrightsboro Road. Item 10: Is a request for a retail package Beer & Wine license to be used in connection with P J Store located at 3184 Skinner Mill Road. Item 11: Is for an on premise consumption Liquor, Beer & Wine license to be used in connection with Road Runners Café located at 2821 Washington Road. The Clerk: Are there any objectors to any of those alcohol petitions? Mr. Mayor: None noted, Madam Clerk. The Clerk: Mr. Mayor and members of the Commission, our consent agenda consists of items 1-33. However Item #3 from the Planning Commission has a request for a change of language. Mr. Patty, could you advise the Commission on Item #3, the corrected language. Do you have it? Mr. Patty: I am not aware of that. Enlighten me? The Clerk: Do you want them to pull it? Mr. Patty: Yeah, you’re going to have to pull it because I don’t think this is right. I think we limited it to ten people not twenty. The Clerk: Okay. Mr. Patty: The applicant’s here. Maybe we can clean this up. It’s limited to ten people, no more than ten. Mr. Mayor: So it’s correct as it is on the agenda? The Clerk: Your staff emailed that over later this afternoon. 4 Mr. Patty: Okay, what they did they left out the condition that the number of people and it should be limited to ten not twenty. I don’t know where twenty came from. Mr. Mayor: Okay. The Clerk: So the addition, just ten, be limited to ten. Mr. Mayor: Correction would be limited to ten. Mr. Patty: Limited to ten. The Clerk: Okay. Mr. Mayor: Okay, gentlemen, do we have any additions to the consent agenda? Commissioner Brigham. Mr. Brigham: Mr. Mayor, we can add Item #35 to the consent. I got an explanation by email. Mr. Mayor: Okay, do we have any further additions to the agenda, consent agenda? Mr. Guilfoyle: Item number 37. Mr. Mayor: Madam Clerk, that was item number 37 by Commissioner Guilfoyle. Do we have any further additions? Yes, sir, Commissioner Lockett. Mr. Lockett: I want to pull number 37. Mr. Mayor: We haven’t gone to pulls yet. Mr. Lockett: No, but he just said to add it to the consent. Mr. Guilfoyle: Oh so you don’t want to --- Mr. Mayor: We don’t have unanimous consent then. Okay, any further items to be added to the consent agenda. Hearing none we’ll go on to, are there any items to be pulled for discussion? Commissioner Lockett. Mr. Lockett: Agenda item number 17, Mr. Chairman. I’m sorry not, let me, hold on a second. Let me get it straight now. Mr. Guilfoyle: Item number 14 I abstain on. The Clerk: You’re abstaining on fourteen? Mr. Lockett: Yeah, number seventeen, Mr. Chairman. 5 Mr. Mayor: Okay, seventeen, Commissioner Guilfoyle is abstaining on fourteen. Commissioner Hatney. Mr. Hatney: Just want to ask a question on fifteen. I don’t have any real heartburn about it but the maximum price is $11 million I believe it is and to right up to a million dollars talks about money includes what’s going to be paid to the subcontractor and stuff. But I didn’t find any names or persons where designations of funding going nowhere. Mr. Mayor: Do we have anybody to speak --- Mr. Hatney: I saw a block of money. That’s all. Mr. Mayor: --- to item fifteen? Yes, sir, please. Commissioner Hatney, if you could please repeat the question. Mr. Hatney: The particular item talks about the total amount of money the maximum price. Mr. White: Guaranteed maximum price? Mr. Hatney: And it also said it would include in that any subs anybody who’s going to get paid. But it didn’t designate any funding, any categories of money being pulled for no one. We don’t know who the money’s going to. That’s all. $11 million, $12 million dollars and it’s a block figure but no designation. Mr. White: Well, we can get you a schedule of values. Mr. Hatney: Let me ask a question. Is there anything wrong with when you all bring these bring that with you? Mr. White: Well it’s being developed right now. Mr. Hatney: You understand what I’m talking about though. You all put us in this every trip. You know we need to know where the money’s going. Ain’t nothing wrong with that is there? Mr. White: (inaudible) Mr. Hatney: Thank you so much. Mr. Mayor: Okay, thank you, sir. If there’s no further discussion, if I could get a motion to approve the consent agenda? Mr. Guilfoyle: Move to approve. 6 Mr. Lockett: Second. CONSENT AGENDA PLANNING 1. FINAL PLAT – ALEXANER DRIVE RIGHT-OF-WAY DEDICATION – A-834 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Geo Survey Ltd. Requesting final plat approval for the Alexander Drive right- of-way Dedication to be located across from the existing Alexander Drive inside the Augusta Village at Riverwatch. 2. FINAL PLAT – HERITAGE PARK – S-782-REV – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by H & C Surveying Inc., on behalf of JHT Properties LLC, requesting final plat approval for Heritage Park 9formerly known as Pointe West Phase 11). This residential subdivision is located off Point West Drive and contains 24 lots. 3. Z-12-53 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) that the only use of the property be a Group Personal Care Home or those uses allowed in the R-2 zone; and 2) that an improved driveway and parking site plan be approved and completed before the Group Personal Care Home may begin operation; a petition by Randy Gaitor, on behalf of Nicole Gaitor, requesting change of zoning from Zone R-2 (Two-family Residential) to Zone R-3B (Multiple-family Residential) affecting property containing approximately .58 acres and I known as 2024 Wrightsboro Road. (Tax Map 044-4-329-00-0) DISTRICT 1 4. Z-12-54 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the condition that the only use of the property may be a prosthetics sales and maintenance business or those uses allowed in a P-1 Zone; a petition by Studio 3 Design Group, on behalf of Druid Park LLC, requesting a change of zoning from Zone P-1 (Professional) to Zone B-1 (Neighborhood Business) affecting property containing .26 acres and is known under the present numbering system as 1004 and 1008 Druid Park Avenue (Tax Map 045-2-073-00-0 & 045-2-074-00-0) DISTRICT 1 5. Z-12-55 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Ben Hagler, on behalf of Hagler3 LLP, requesting a change of zoning from Zone LI (Light Industry) to Zone HI (Heavy Industry) affecting property containing approximately 2.84 acres and is known under the present numbering system as 601 Sand Bar Ferry Road. (Tax Map 062-0-001-01-0) DISTRICT 1 PUBLIC SERVICES 6. Motion to approve New Ownership Application: A.N. 12-32: request by Carl H. Jones for an on premise consumption Liquor, Beer & Wine license to be used in connection with Apple Georgia, LLC D/B/A Applebee’s Neighborhood Grill & Bar located at 3117 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee September 10, 2012) 7. Motion to approve New Ownership Application: A.N. 12-33: request by Carl H. Jones for an on premise consumption Liquor, Beer & wine license to be used in connection with Apple Georgia, LLC D/B/A Applebee’s Neighborhood Grill & Bar located at 3125 Windsor Spring Rd. There will be Sunday Sales. District 6. Super District 10. (Approved by Public Services Committee September 10, 2012) 7 8. Motion to approve New Application: A.N. 12-34: request by Musa Anderson for an on premise consumption Liquor, Beer & Wine license to be used in connection with The Boar’s Head Public House located at 1135 Broad St. District 1. Super District 9. (Approved by Public Services Committee September 10, 2012) 9. Motion to approve New Application: A.N. 12-35: request by Richard Tassman for an on premise consumption Liquor, Beer & Wine license to be used in connection with BUCA (GGGROUP), LLC D/B/A Buca di Beppo located at 3450 Wrightsboro Rd. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee September 10, 2012) 10. Motion to approve New Ownership Application: A.N. 12-37: request by Gurpreet Walia for a retail package Beer & Wine license to be used in connection with PJ Store located at 3184 Skinner Mill Rd. District 7. Super District 10. (Approved by Public Services Committee September 10, 2012) 11. Motion to approve New Ownership Application: A.N. 12-36: request by Charles Sconyers for an on premise consumption Liquor, Beer & Wine license to be used in connection with Road Runners Café located at 2821 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee September 10, 2012) 12. Motion to approve an Augusta Beautification Program Agreement between Augusta, th Georgia and Johnson, Laschober & Associates for the Broad Street Median between 13 th and 15 Street. (Approved by Public Services Committee September 10, 2012) 13. Motion to approve the Beams Contracting, Inc. Contract for the Southeast Development Area Access Project as approved by the Augusta Aviation Commission at their August 30, 2012 meeting. (Approved by Public Services Committee September 10, 2012) 14. Motion to approve the Choate Construction Company Contract Modification #9 – Fixed Base Operations Construction as approved by the Augusta Aviation Commission at their August 30, 2012 meeting. (Approved by Public Services Committee September 10, 2012) 15. Motion to authorize R.W. Allen, LLC to award subcontracts that combined make up the Guaranteed Maximum Price of $11,963,209.00, which includes all construction disciplines and trades for the Webster Detention Center Phase II-An Inmate Processing Center addition (approx. 34,000 square feet) and Interior Renovations consisting of the following: a. Renovate the existing Admin. Area to accommodate the Sheriff’s Office Staff being relocated from the jail located at 401 Walton Way to the Charles B. Webster Detention Center located at 1941 Phinizy Rd. b. Renovate the existing Transportation and Medical Areas at Webster Detention Center, turning these areas into two secure trustee dormitories. c. The addition of 9 attorney-client and 1 small group privacy booths in the existing Video Visitation Center. (Approved by Public Services Committee September 10, 2012) 16. Motion to approve award of the contract for repairs to the connector canopies, building fascia, gutters, downspouts and drainage for the Health Department Complex on North Leg Road to the low bidder, RPI of Augusta, GA, in the amount of $83,350.00. (Approved by Public Services Committee September 10, 2012) FINANCE 8 18. Motion to approved Change Number One in the amount of $236,000 to complete the construction of the Georgia State Patrol Helicopter Rescue Hanger and Landing Pad as requested by AED. Funds are available in account 325-051120. (Approved by Finance Committee September 10, 2012) 19. Motion to approve the acquisition of two replacement vehicles for the Augusta Fire Department. (Approved by Finance Committee September 10, 2012) ENGINEERING SERVICES 20. Motion to approve providing necessary signatures on furnished agreement to include Augusta Utilities Department water and sanitary sewer main relocation in the Georgia Department of Transportation contract for the widening to County Road 1501/Wrightsboro Road from Jimmie Dyess Parkway to the Interstate 520 Ramps in Richmond County, Georgia. The estimated cost of construction is 1,575,412.58. (Approved by Engineering Services Committee September 10, 2012) 21. Motion to approve the deeds of dedication, maintenance agreement, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Belfair Lakes Subdivision, Section Two. (Approved by Engineering Services Committee September 10, 2012) 22. Motion to approve and accept the water and sanitary sewer Deed of Dedication and Maintenance Agreement for Cushendal subdivision. (Approved by Engineering Services Committee September 10, 2012) 23. Motion to approve and accept a Dixon Airline Road Easement Deed for Additional Rights from Lynnette Reyes. (Approved by Engineering Services Committee September 10, 2012) 24. Motion to approve and accept a utility Easement Deed and a Memorandum of Understanding from Forum W.S., LLC. (Approved by Engineering Services Committee September 10, 2012) 25. Motion to approve and accept a utility Easement Deed from FTD, LLC. (Approved by Engineering Services Committee September 10, 2012) 26. Motion to approve the path forward for the Appraisal, Acquisition, and Owner/Tenant Relocation for Hyde Park/Wilkerson Garden Drainage Improvement Project using the Housing & Community Development Department. (Approved by Engineering Services Committee September 10, 2012) 27. Motion to approve entering into an agreement with Georgia Power, stating that Augusta, Georgia will pay for the Distribution Facility Relocation Costs on the Marvin Griffin Road Project in accordance with the estimate totaling $355,116.00. Change Number Five, CPB# 323-041110-296823603. Also, approve the two Utility Relocation Agreements for distribution facilities to be executed by the Augusta, Georgia Legal Counsel and the Mayor, and approve payment upon completion of the work as requested by Augusta Engineering Department. (Approved by Engineering Services Committee September 10, 2012) 28. Motion to determine that a portion of Windsor Spring Road, as shown on the attached plat (south of and adjacent to the parcel identified as map and parcel #142-0-002-01-0) has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the 9 appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities. (Approved by Engineering Services Committee September 10, 2012) 29. Motion to approve supplementing Georgia Department of Transportation (GDOT) Contract for Resurfacing of Augusta, Georgia Various Roads under GDOT 2012 Local Maintenance Improvement Grant Program (LMIG). This supplement of the Contract with GDOT is to Reeves Construction Co., in the amount of $206,878.00; Funded from SPLOST Phase IV Recapture Account, upon receipt of signed contract and proper bonds as requested by AED. (Approved by Engineering Services Committee September 10, 2012) 30. Motion to approve the deeds of dedication, maintenance agreements, and road resolution submitted by the Engineering and Augusta Utilities Departments for Stone Creek Subdivision. (Approved by Engineering Services Committee September 10, 2012) 31. Motion to approve the deeds of dedication, maintenance agreements, and road resolution submitted by the Engineering and Augusta Utilities Departments for Willhaven Subdivision, Phase III, Section II. (Approved by Engineering Services Committee September 10, 2012) 32. Motion to approve Capital Project Budget 324-0411110-201824333 and Supplemental Agreement Number Four to Cranston Engineering Group, PC, in the amount of $63,291.00 for the revision of the design plans as requested for the Wrightsboro Road Widening, Phase I project. Funding is available in the project engineering account for the Engineering Department. (Approved by Engineering Services Committee September 10, 2012) PETITIONS AND COMMUNICATIONS 33. Motion to approve the minutes of the regular meeting of the Commission held September 4, 2012. FINANCE 35. Motion to approve a request for refund for tax year 2011 due to error of fact in the amount of $786.42 for property located at 2344 Barton Chapel Road; owner Jeffrey LaCombe, paid by Barbara Hutchins on 2/17/2012. (No recommendation from Finance Committee September 10, 2012) Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. The Clerk: Yes, Mr. Hatney? Mr. Hatney: Abstain on all alcohol and number fifteen. Mr. Bowles: Madam Clerk, I abstain on item number 26 please. Mr. Mayor: Okay, Madam Clerk, let’s go to our pulled item first. The Clerk: Let me --- Mr. Mayor: Oh, excuse me. 10 The Clerk: --- Mr. Hatney, can we get you to vote and then. Mr. Hatney: I didn’t vote? The Clerk: No, sir. Mr. Hatney abstains. Motion Passes 8-0-1. [Items 6-11, 15] Mr. Bowles abstains. Motion Passes 8-0-1. [Item 15] Mr. Guilfoyle abstains. Motion Passes 8-0-1. [Item 14] Mr. Bowles abstains. Motion Passes 8-0-1. [Item 26] Motion Passes 9-0. [Items 1-5, 12, 13, 16, 18-25, 27-33, 35] Mr. Mayor: Madam Clerk, let’s go to the pulled item first, please. The Clerk: PUBLIC SERVICES 17. Motion to ratify a Grant Award Acceptance as well as to approve a 2012 RCSO budget amendment for the 2012 Edward Byrne Memorial Justice Assistance Grant Program (JAG) to reflect increased revenue in the amount of $93,740 which will be used to purchase 17 (seventeen) additional Mobile Data Terminals. (Approved by Public Safety Committee September 10, 2012) Mr. Mayor: Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I think I’m going to direct my question to the General Counsel. Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: Yes, sir. Mr. Lockett: If I’m correct this particular grant, wasn’t this the one where we received findings from the CJCC? Mr. MacKenzie: I believe that was a different grant. 11 Mr. Lockett: It wasn’t the one that, the one that I’m inquiring about is the one immediately prior to this. The one that was supposed to be closed out but it had findings. Is this the same one? Mr. MacKenzie: It’s my understanding that’s a totally different grant. Mr. Lockett: Okay, but they’re both from the CJCC? I know this is a different grant but the grant that this is replacing, did we have findings on it? Mr. MacKenzie: There were some findings on another grant that was administered by the CCJC. Is that what you’re asking? Mr. Lockett: That is correct. Okay, there were findings on it? Was this body made aware of the fact that there were findings on it and were we told what was, had been done to resolve or satisfy those findings? Mr. MacKenzie: That’s probably something that we could go through the Finance Department to request this. I’m not really sure --- Mr. Lockett: The reason I --- Mr. Mayor: Commissioner Lockett, though we try to keep it germane to the issue and this is a totally separate grant. Mr. Lockett: Not as far as my question, sir, and it’s not separate. The reason I ask these questions is because there was lots of correspondence between the General Counsel’s office, the Mayor, the Deputy Administrator, the Administrator and so forth because of perceived errors that had been made by the EEO Department. And my question, the reason why I brought these questions up is because we need to have some consistency. You know if it’s one department it’s okay. If it’s another department it’s not okay. And this is way I wanted to bring this up. I wanted to make it a part of the record because this is happening way too much. Let’s be consistent. If there’s a discrepancy detected by one department resolve it with the other departments --- Mr. Mayor: Okay, I understand Commissioner Lockett. I just don’t know that this is the forum to address that issue. But once again the motion is to ratify the grant award for this specific grant. Mr. Lockett: Thank you, Mr. Chairman. Mr. Mayor: Thank you, sir. Can we get a motion on this? Mr. Johnson: Move to approve. Mr. Jackson: Second. 12 Mr. Mayor: We have a motion and a second. Is there any further discussion? Hearing none Commissioners will now vote by the usual sign of voting. Mr. Lockett votes No. Motion Passes 8-1. Mr. Mayor: Madam Clerk, on to the regular agenda, please. The Clerk: PLANNING 34. Z-12-52 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Billy Franke, on behalf of Put Yin Chan, requesting a Special Exception to establish a Liquor store in a B-1 (Neighborhood Business) Zone per Section 21-2© of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing approximately .86 acres and is known as 3558 Windsor Spring Road. (Tax Map 142-0-002- 01-0) DISTRICT 4 Mr. Mayor: Mr. Patty. Mr. Patty: Yes, sir. This is an application to put a liquor store in what is currently a small strip center in the area of Windsor Spring Road between generally between Woodlake and Tobacco Road where a split median. The property is currently zoned B-1. In order to put a liquor store there they would need a Special Exception in addition to the B-1 zoning and we recommend it be denied. We had a number of objectors and a petition asking that it be denied. Mr. Mayor: Okay. We can hear from the applicant and then if we have anybody representing the objectors to speak to it we’ll hear from them as well. Commissioner Mason. Mr. Mason: Well, I’ll hear from him first. I’m the Commissioner of that district so I want to speak to that after he’s finished. Mr. Mayor: You’ll be more than welcome to. Mr. Mason: Thank you. Mr. Franke: Yes, sir, Commissioners I faxed over a petition to withdraw it without prejudice. So we may come back and try and put in some other kind of use in there. If you want to recognize that as a withdrawal without prejudice, put something in there that says we cannot come back as a liquor store, that’s 100% okay with me. I’ve already returned the security deposit to the tenant. There’s no lease in place anymore so there’s no reason for us to move forward with it. Mr. Mayor: Thank you, sir. Commissioner Mason. 13 Mr. Mason: This is, here’s the reason why I want to hear it and the reason why we’re talking about it. Because initially when this palazzo was constructed there was an attempt then to place a liquor store there. And we had the conversation and we had the conversation with the neighborhood and it was agreed upon that that would not be in the best interest of the neighborhood. And we gave several valid and legitimate reasons as to why that would not. And so it did not initially. And so what you did was about a year later you came back and tried to do it again as a Special Exception and we denied that again. And now what you’re doing now is a third time and here’s the situation with that as it relates to Mr. Chan who I know him as his American name is Mike. As you well know and I’ve had this discussion with you I stopped by and gave him a courtesy once I found out that this for the third time was trying to happen to let him know one he should have conversation with the individuals in the community and that I had some concerns with the senior housing that was right across the street. The Woodlake Subdivision, the daycare that’s right across the street and a school that’s directly down there. I also let him know that at this point there is 42 areas that sell either liquor or beer in the district that is not large land wise. And so we’re not business, we’re not non friendly to businesses but we want to plan our growth appropriately so that businesses can thrive. And we’re dealing with certain issues in the community that causes big issues with our criminal situation and crime. So that was something that we did not feel that was appropriate. So also Mr. Mayor I just want to put on record --- Mr. Mayor: I’ll recognize you for another two minutes if you like. Mr. Mason: --- we need to because this should have been done without my two minutes, we need to recognize who is here at this point for this particular agenda item in terms of objectors. Mr. Mayor: Could anybody here to, that’s here to object if you could please --- Mr. Mason: Please stand or raise your hand. In addition to that maybe Madam Clerk would want to do this but I have a petition of 34 individuals out of the Woodlake area and the area in that particular area, Madam Clerk. I also have a letter to whom it may concern we the undersigned do not want another package store in the area. We are a community of elderly and want to live in a quiet enjoyment at Walton Ridge. And that’s signed by 34 individuals and the community manager at the Walton Rehabilitation apartments there. In addition to that across the street is Oak View Place Apartments homes. It has come to our attention that there’s been an application for zoning and licensing to operate a liquor store at 3558 Windsor Spring Road Suite B in the Windsor Crossing Business Park. Oak View Place Apartments operate approximately 350 feet away from the proposed location. I think the location is wrong for such a business. Oak Place Management works hard to maintain an atmosphere. This is directly across the street. Signed by the community manager Michelle Jackson. But in addition to that the Children’s Unique Christian Day Center is directly across the street as well. It has come to my attention that there’s been an application for zoning and licensing to operate a liquor store 3558 Windsor Spring Road. Children’s Unique Christian Day Care operates a center approximately 250 feet away from the proposed location. We strongly protest the operation of such a business in that close proximity to our future which is our children at this childcare facility. The reason why I’m doing this is because I need for you all to understand how important communication is to the 14 community. And so would hope that you clearly understand after three attempts that that is not something that we recognize that needs to be out in the community. And having said that, Mr. Mayor, I believe that there’s a representative from the objectors to speak to this issue. Mr. Mayor: Okay that’s perfect because your second two minutes is up and we’ll give the --- Mr. Mason: I’m getting pretty good at this. Mr. Mayor: --- the objector to have fair and equal. Do we have somebody to represent those who are objecting against this? Mr. Sias: Good evening, Mr. Mayor. Mr. Mayor: And if you could keep it to five minutes as everybody is allotted. Mr. Sias: Yes, Mr. Mayor. Mr. Mayor: What’s that? And if we could, I don’t know this guy. Could we please, for the record, if you could give us your name and address. Mr. Sias: Sammie Sias, 3839 Crest Drive. Mr. Mayor and Commissioners, Commissioner Mason has said it very well and very eloquently but we want to add one thing to that. The president of the Woodlake Association, Ms. Ernestine Wright, has been a very strong advocate for our neighborhood for Richmond County. Unfortunately last week Ms. Ernestine Wright passed. She was working very diligently on this particular issue. So we are here to continue to support the values and things that these people set forth for their neighborhood because they want the neighborhood safe, they want to raise their grandkids, their kids. So we don’t have to add anything to what the Commissioner has said. But we just want to point out and be strong that we are here to support all of our neighborhood issues and particularly our neighborhood leaders who give so much and get so little in return as they work and strive to make their neighborhood better. So, Mr. Mayor, I would like to ask that we recognize Ms. Ernestine Wright of Woodlake. Thank you. Mr. Mayor: Thank you, sir. And I’m very sorry to hear of her passing. Okay, gentlemen do you have a, Mr. Franke, you didn’t? Mr. Franke: I just want you to understand I’m asking to withdraw it. I’m not planning on continuing on so I mean that’s already been said. I hope that’s understood. Mr. Mayor: Okay, do we have a motion on this item? Mr. Lockett: Mr. Mayor? Mr. Mayor: Commissioner Lockett. 15 Mr. Lockett: I would like to ask him a question. So since you don’t plan to bring this back so you would have no objection if we denied it with prejudice. Mr. Franke: I don’t want to take too much of ya’ll’s time. I know the history of everything we’ve done out there because I’ve been involved with it. And communication has been a problem. I actually tried to withdraw it yesterday morning. I don’t know if it every got communicated to you, Commissioner Mason, but I did try to withdraw it to save these people the time and energy of coming out here. But we will not bring it back for sure within the next year. But it’s, again and well I’m just saying, I mean you could, I don’t know if you could put a stigma on it and say it can’t every be a liquor store you know by some kind of land restriction. I don’t know if you have the ability to do that but you’re welcome to. But I know legally you can’t come back within the year so I mean I can’t tell you what happens twenty years from now. But I don’t plan on bringing it back nor does Michael Chan. Mr. Mayor: Okay, can we get a --- Mr. Mason: Mr. Mayor, as far as if I could, please. Mr. Mayor: --- point of personal privilege? Mr. Mason: Yes, as a district Commissioner. I’m hearing what you’re saying, Mr. Franke, but at the same time my conversation with Mr. Chan and I don’t want to spread all of that right here. It didn’t go well. And so his idea was he was moving forward anyways which he has done. Now I’ve tried to talk with him out of courtesy to say let’s work together. Well, took this road, I did not. And so from that standpoint to me I’m in favor of denial which is what the recommendation is based on the historical data that has gone on and all the attempts already. So it’s not like there hasn’t been an opportunity and fair opportunity to try to do business within our community. That’s extremely important to understand. And so I don’t have anything against business or anything like that. I don’t want you to get me wrong there. But I mean I just don’t understand why we couldn’t have had this conversation you know the communication as far as with the owner after I stopped in to give him a courtesy and let him know we need to be talking to folks. Mr. Franke: He told me you did stop in but I don’t know the details of the conversation - -- Mr. Mason: Right. Mr. Franke: --- obviously because I wasn’t there. But my main consideration is I’ve got a strip with five bays in it. Four of them are empty. I know one thing we can put in a B-2 might be a pawn shop. I don’t know if that’s considered bad for the community but there may be some other uses. I need to fill it up so I need to make sure I’m open to other things besides --- Mr. Mason: Has there been a motion? Mr. Mayor: No. 16 Mr. Mason:My motion is for denial. So I don’t need to make a substitute. Mr. Bowles: Second. Mr. Mayor: Okay, we have a motion and a second. If there is no further discussion Commissioners will now vote by the usual sign of voting. Mr. Brigham votes No. Motion Passes 8-1. The Clerk: ENGINEERING SERVICES 36. Motion to approve Water and Sewer Revenue Bonds Series 2012 bond resolution and authorize the Mayor and Clerk to sign all necessary documents. (No recommendation from Finance and Engineering Services Committees September 10, 2012) Mr. Mayor: Mr. Wiedmeier. Mr. Wiedmeier: Mr. Mayor and members of the Commission this item is to approve the bond resolution that refunds of 2012 bonds and also approves $40 million dollars in new funds to build some projects that we have. Mr. Mayor: Gentlemen, does anybody have? Commissioner Hatney. The Clerk: Diane, she’s going to, Ms. McNabb is going to speak --- Ms. McNabb: Good evening, Commissioners, it’s good to be here again. I’m here to give you an update. The actual approval of the necessary documents will be brought to the nd October 2 meeting instead of the meeting today. We had to shift our timing by a couple of weeks which I think is going to work out very well considering the recent actions by the Federal Reserve. I’d rather be lucky than good any day. So I think that’s going to work out well. The, I will say that we received favorable ratings from both rating agencies on the bond. They affirmed the AA3, AA- rating on the outstanding water and sewer bonds and an A1 A+ on the new water and sewer bonds which is what we expected. As soon as, we’re going to have two series of old bonds that remain outstanding after this. As soon as those are paid off and refunded than we would expect the ratings on these to be moved up. Then also as a part of my presentation today I was asked to just provide you some information regarding the considerations for the renovation of the Municipal Building and the IT Building so that when it’s brought back to you, you will have had some time to give some thoughts to some of the information that I can provide today. That, the basically it’s how to fund the project and when to fund the project. As far as how to fund the project right now $18 million dollars is expected to be provided by the existing SPLOST number 6. There is about $2 million more or less left from SPLOST number two that will be able to be applied to the project. And then the balance of the project can be funded either from the next sales tax program SPLOST VII or from property taxes. Now that’s, those are the 17 funding sources. Now then the next question that you will be considering is when to fund the project and that’s what the, that question becomes do you finance some of the costs so that you can get the building now or do you wait until you’ve collected all the money and basically pay for it with cash on a pay/go basis. So those considerations will include you could basically do the entire thing on a pay as you go basis, collect the $18 million from SPLOST VI, the $2 million you’re getting from SPLOST II then wait until SPLOST VII is approved which could, we don’t know whether that will be 2015, it looks more like 2016 at this point because of the change that the state legislature made on the excise tax and taking that out of your sales tax collections. So you could wait to begin the project until 2018 or so which is a very long time and you’ll incur cost inflation naturally on the cost of the project. Another alternative is to again pay as you go without doing any financing. Break the project into two phases. Phase one which could be done in 2014 or 15 after you’ve collected all the SPLOST VI money and then do a Phase II in about 2018. Now needless to say that’s not going to be as efficient a project when it’s split into two phases and then at least the Phase II portion you will incur the annual cost inflation of the construction costs. The third basic alternative is to consider whether you want to proceed with a financing of basically getting, borrowing those future sales taxes and then using the sales taxes or property taxes however you choose to fund it to pay that financing off. I think as everybody realizes interest rates are incredibly low right now. So there are two approaches you can use to financing. You could issue general obligation bonds to do that. That would require that you have a voter referendum which basically the state has narrowed that down where you can only do it a couple times a year. You have the cost of the referendum it would delay the project as well but not as long as doing it on a pay/go basis. And then if you want to use that next sales tax to pay off those G.O. bonds you’ll have to put the project on the ballot again for the sales tax. So basically everybody’s going to have to vote on it twice. You could also issue bonds since this is sort of an urban redevelopment project you could issue it as a financing of another urban redevelopment project which is something you could do before the end of the year if you wanted to move forward with the project. I can tell you that under current market conditions if you finance this project over let’s say a twenty year period you’re talking about an interest rate of probably around 2 ½% which I think, I think that we could conclude it’s probably less than the cost that we would incur on the inflation of the construction costs. And the way that we would typically think of it is finance it over twenty years and make it pre-payable with that next sales tax so that then when it, when the next sales tax gets approved you’d be able to use those funds to pay those off early. If you use those funds to pay that off early the all in financing costs, again under current market conditions probably works, it works its way back down to probably 2% or less. So that’s just some food for thought. As far as again indentifying the funding of the balance of the project the timing of when you want to proceed with the project. Whether you want to exclusively do it on a pay as you go basis or whether it makes sense to proceed with a financing at today’s extremely low interest rates and then use that future revenue to pay those off. Mr. Mayor: Okay, thank you, ma’am. Commissioner Hatney. Ms. McNabb: And I did, just one more thing. The water and sewer savings on the refunding is still around $16 million dollars. Mr. Mayor: Okay. 18 Mr. Hatney: A question, ma’am. Did I hear you say if we forward this to the next Commission meeting you would have the best case scenario that you’re going to recommend for this? Is that what I’m hearing? Ms. McNabb: I can present, I think that these are the alternatives --- Mr. Hatney: But you will have what you recommend at the next meeting. Ms. McNabb: I can make a recommendation. Mr. Hatney: Over the next meeting. Mr. Mayor: Okay, to include the motion to and I think where people get a little off, I’m a little off that we went from the motion to approve the water and sewer to discussing this facility - -- Ms. McNabb: I’m sorry, yeah. Mr. Mayor: --- yeah, um. Ms. McNabb: We did not have an, there’s not an action item for this and we’re postponing the action, this action item until the next week when we have the final rates. Mr. Hatney: Okay. a motion to move this agenda item to the Mr. Mayor: Okay, so we just need to get next full Commission meeting. Mr. Hatney: So moved. Mr. Johnson: Second. Mr. Mayor: We have a motion and a second. Jerry? Mr. Brigham: Mr. Mayor, I thought we were trying to approve just the water and sewer bond renewal. I think that’s something that we need to vote on sooner rather than later. And I’m going to make a substitute motion that we approve the refinancing of the water and sewer revenue bonds now. Mr. Mayor: Ms. McNabb? Ms. McNabb: The interest rates that we need to complete that resolution won’t be nd available until we have the bids. The bids are going to be received next Tuesday, the 2 at the next meeting. And so it’s not something that we can approve at this point in time. 19 Mr. Mayor: Well, so to get the best deal available we need to move this to the next full Commission meeting. Mr. Brigham: Then I’m assuming also that you’re going to give us a written report of the other financing that you talked about so that we can look at and review that? Ms. McNabb: I imagine that we’ll let it go to committee and --- Mr. Mayor: Under a separate agenda item. Ms. McNabb: --- yeah, under a separate agenda item that will be just --- Mr. Hatney: Call for the question, Mr. Mayor. Mr. Mayor: Okay, we had a motion and a second that this be forwarded to the next full Commission meeting. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Ms. McNabb: I apologize for the confusion. I’m just trying to get some information out there for some thoughts. Mr. Mayor: Okay, thank you, ma’am. Motion Passes 9-0. Mr. Mayor: Madam Clerk, and the final agenda item of the day. The Clerk: ATTORNEY 37. Motion to approve the LEP (Limited English Proficiency) Plan. (Requested by the Law Department) Mr. Mayor: Mr. MacKenzie. Mr. MacKenzie: Yes, sir. This is part of one of the requirements for one of the audits that was issued with respect to some of our grant compliance programs. It just simply requires that Augusta have a limited English proficiency plan or for a person do not speak English to be able to obtain appropriate resources to get a translator to be able to participate effectively within the government. Mr. Mayor: Gentlemen, do you all want to make a motion on this so we don’t, what’s that? Commissioner Lockett. Mr. Lockett: Ms. Smitherman, isn’t the due date on this already passed? The due date on this particular LEP, hasn’t it already passed? 20 Ms. Smitherman: When we sent an action plan back to CJCC regarding the deficiencies that they noted we gave a 30 day timeline for the EELP and we told them we’d get the LEP through as soon as possible. When we heard back from the CJCC they applied that 30 day deadline to all civil rights portions of the deficiencies which would include the LEP. We responded to CJCC and let them know that the EELP had been passed. We provided them with a copy of this LEP which was being presented to the Commission and they gave us approval to get it passed today. And they have already actually closed the audit findings on that subject to approval today. Mr. Lockett: Okay, so basically what they made their decision on was something you all sent to them that has not been approved by this body. Is that correct? Ms. Smitherman: And we let them know that had not yet been approved. Mr. Lockett: In anticipation of today’s approval. Ms. Smitherman: Yes. Mr. Lockett: Thank you. Mr. Mayor: Thank you, sir. All these acronyms are making my h-e-a-d hurt. Jerry. Mr. Brigham: Mr. Mayor, I think that we need to have the Law Department say something out here that they have already said to me previously. And that is we, well, I don’t want to put words in their mouth. Is this going to cost us anything? Ms. Smitherman: No, sir. At this time in order to be proactive and be required to actually convert your documents and have interpreters on contract you have to have a non English speaking population any particular language above 5%. In Augusta Georgia our entire non-English population is like 4.1%. Our highest concentration is Spanish speaking which is only 2.9%. So we don’t have any to take proactive steps to convert things to any particular language. But we do need to have a list of our bilingual staff which would make availability to people who come in and want to use our facilities. Mr. Brigham: So moved. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Commissioner Lockett. Mr. Lockett: Thank you. Ms. Smitherman, is this LEP just for ARC or does it also is it also a requirement that the Sheriff’s Department and other departments that headed by elected officials have the LEP also? 21 Ms. Smitherman: I honestly don’t know the answer to that. It is a Title VI requirement. My gut would tell me that anybody who has who provides services would need to have an LEP policy. In this case there would be nothing to prevent the elected officials from contacting the Administrators office and finding out who are bilingual employees are and using them. So this is not something that is necessarily have to fabricated by each separate --- Mr. Lockett: The reason I asked this question is because we did the EEOP we had to have one from the Sheriff’s Department and we had to have one from I think the city county that was inclusive I believe by the other departments. So if an EEOP is required by everybody why wouldn’t an LEP? Ms. Smitherman: The difference is that with, the reason we had to separate our EEOP’s was because the EEOP’s directly related to employment decisions and we have no control over the employment decisions of elected officials. And that’s why we had to separate those plans with an LEP policy. There’s nothing that separates those and elected officials are more than welcome as they can either call our Administrator and find out who our bilingual staff and use that bilingual staff to provide services. Mr. Lockett: Well my last comment will be then rather than us to wait to call us if it’s a requirement why don’t we notify them? Because we are providing money for them to operate. Ms. Smitherman: Absolutely. When we, we are in the process of creating our list of bilingual staff. We will be contacting the elected officials and asking them who is on their roster and bilingual so we can include everybody. Mr. Lockett: All right, thank you. Thank you, Mr. Chairman. Mr. Mayor: We have a motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Motion Passes 9-0. Mr. Mayor: And, gentlemen, before ya’ll hand it up I wanted to recognize Mr. MacKenzie. Mr. MacKenzie: Sure. I think there is a need to have a very short urgent Legal meeting to discuss the effect of the decision made earlier and the matter that we discussed in Legal. I don’t think it will take very long at all. It’s just a strategy question as we have an impending trial date in that case. ADDENDUM 38. Motion to approve going into a Legal Meeting. Mr. Mayor: Gentlemen, can I get --- Mr. Bowles: So moved. 22 Mr. Mayor: --- a motion to go into Legal? Mr. MacKenzie: It would be to discuss pending and potential litigation. Mr. Brigham: Second. Mr. Mayor: We have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Mason votes No. Motion Passes 8-1. [LEGAL MEETING] Mr. Mayor: I’ll call the meeting back to order. 39. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. Johnson: So move. Mr. Bowles: Second. Motion Passes 9-0. Mr. Mayor: Mr. MacKenzie. 40. Motion to approve a Resolution authorizing the settlement of all claims by Helen Finley and Tracy Holt, as surviving parents and next kin of Ryan Holt, deceased, and as administrators of his estate and Jeffrey Borror and Susan Borror as surviving parents and next kin of Michelle Borror, deceased, and as administrators of her estate, in the aggregate amount of one million and two hundred and fifty thousand dollars ($1,250,000); authorizing the Administrator to disburse the amount of one million and two hundred and fifty thousand dollars ($1,250,000); waiving Augusta, Georgia Code of Ordinances sections in conflict for this instance only; and for other purposes as provided herein. Mr. Mayor: Can I get a motion to that affect? Mr. Johnson: So moved. Mr. Hatney: Second. Mr. Mayor: We have a motion and a second. Commissioners will now vote by the usual sign of voting. 23 Mr. Mason votes No. Motion Passes 8-1. Mr. Mayor: With no further business to come before the body we stand adjourned. [MEETING ADJOURNED] Lena Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of The Augusta Richmond County Commission held on September 18, 2012. ______________________________ Clerk of Commission 24