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HomeMy WebLinkAboutRegular Commission Meeting May 21, 2013 REGULAR MEETING COMMISSION CHAMBER MAY 21, 2013 Augusta Richmond County Commission convened at 5:00 p.m., May 21, 2013, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Guilfoyle, Mason, D. Smith, Williams, Fennoy, Johnson, Jackson, Davis and G. Smith, members of Augusta Richmond County Commission. Absent: Hon. Lockett, member of the Augusta Richmond County Commission. The invocation was given by the Reverend Willie Callaway, Pastor, Oak Grove and First Mt. Caanan Baptist Churches. The Pledge of Allegiance to the Flag of the United States of America was recited. RECOGNITIONS Patricia Strakosch A. Congratulations! Patricia Strakosch recipient of the Department of Aging Services’ “Center Manager of the Year Award” for her outstanding job performance at the Blyth Senior Nutrition Center. (Requested by Deputy Administrator Bill Shanahan) DELEGATIONS B. Ms. JoRae Jenkins. RE: Transportation (Ms. Jenkins did not appear at the meeting). DELEGATIONS C. Mr. Joseph Traina. RE: Benefits to younger families regarding expansion of transportation option in Augusta. Mr. Traina: -- Already having these conversations. Already coming up with or engaging in open dialogues so we can involve ourselves and see some reason action because that’s what we would like to see is action. We understand that we are they CSRA. We’re just not Augusta- Richmond County we are the CSRA and we would like to be bigger and better every year. I’m sure every term of Mayor every term of Commissioners we like to see growth in our areas. And that’s something immediately that we can see happen for these numbers show other studies that give us other numbers other cities across the nation show that if it’s something we invest in right away if it’s something we do right we can see positive outcomes immediately. And why not do better because it’s something we can all be proud of. In each district we can be proud of this accomplishment if we do it right this is something in the entire city we can be proud of. Our constituents can be proud of. It’s not really a partisan issue. It’s not really a income specific issue. You know we get into debates on whether to call in Mass Transit or the difference between public and private ownership or management. These are things that when you’re waiting on a bus and you need to get somewhere are not really a concern. But what is of concern is whether you can walk to the bus itself and whether that bus can get you where you need to get 1 on time. And whether you can get back home just by using the city that we already love and already paying to. So if we can agree that we are going to have a transit system that we need to have a transit system then the question I’m asking a lot of us are asking is what kind is that going to be. Is it going to be the kind that brings in jobs, gets local hands to those jobs, serves Augustans who want to better enjoy what Augusta has to offer or is the kind of transit system that’s to continue to be too little and too late. So I’ll be happy to share my time with other representatives of the Augusta Interfaith Coalition and also questions and answers. My question to you all is come on, what do we have to do to better? Mr. Mayor: Okay and that’s actually you had four seconds left on your time so. But I would just say I had a great meeting with the Interfaith Coalition yesterday and with your mother and I do believe that the city is committed now. Things don’t turn on a dime and I think that this governing body is committed to improving our transit system. And I’ll think we’ll do that. Wayne, did you have your? Mr. Guilfoyle: Yeah, I just wanted to question Mr. Traina what he meant by too little too late. Mr. Traina: Well, actually there’s a really good graphic up here when it says 27.9. That is the, that is the, that is a number that Brigham Institute was able to come up with as far as how long the wait is for a ride. Whereas the, whereas in comparison to a hundred or, I’m sorry ninety-nine other cities the average was 10.1. Having to wait that long is going to, it has consequently resulted in young people, working people being late and not being able to rely on it. And so when I say too little I mean, I mean either there are too few buses, too few stops. And too late meaning people just aren’t able to get there on time and rely on them in that way. Mr. Guilfoyle: Right. I imagine the makeup of the other cities are more consolidated, condensed in one area is what you’re comparing it to. Is that correct? Mr. Traina: Well, I think a benefit to Augusta is that a lot of our people live in one area, a fewer areas where the city may be condensed and you’ve got businesses and residents and this and that. In driving around Augusta I see that there are residences and there are businesses elsewhere. And if the people who we know live here need to get here then we need to do a better job as a city of making sure we have stops and we have those options available for those people. Specifically I can speak for South Augusta. I can speak for East Augusta. Young people occupy various incomes and therefore residences around Augusta. But we aren’t all interested in paying incarnate. We would like to get around when we can on the bus and as a group. Mr. Guilfoyle: Mr. Traina, I appreciate your time, sir. Mr. Traina: Absolutely. Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Traina, thank you for your commitment, for your generation, energy in coming and sharing with us. And I think this Commission feels the same way you feel. I 2 think we are getting progressive. I talk all the time about how to eat an elephant and you eat an elephant by eating one bite at a time. And this is just one of the bites. And I think we’re getting there. I think providing transportation to the right places you can extend services all you want to. But if you do not have people to go to those services then we’ll be talking about how much we’re losing and how much we’re not doing because they’re doing that. But I do see this body, this body of Commissioners getting very serious about public transportation. Now when you compare our city whose consolidated to a lot of city’s how maybe not being consolidated there are some of those who are. There’s a lot going on. There’s a lot of reason to ride the bus to another place or to another side of town. Now I’ve been in this town all my life, I don’t want to tell you how many years it is because you’d probably have to take out your fingers and toes to figure out all that. But I think this city, I think things are changing. I think the growth is slow but it’s steady and I think that’s good. But I want to commend you for staying in focus. A lot of young people may leave and say you know let them fight it out let them have it but you know the squeaking wheel still gets the oil. And I just thank you for your commitment. I thank you for your interest in coming down here and sharing with us. But I think if you just stay focused you’re going to see a big difference. I think you’re going to see some buses rolling and people on schedule and people are proud to ride the bus. I’ve been on the bus here recently more than then I’ve been on a bus, I won’t say ever but a long time because all of the issues. I just got on some buses and just started to ride and just started talking started listening. So we are concerned and I just wanted to thank you for your energy. Okay? Mr. Mayor: Thank you, Commissioner Williams. Commissioner Fennoy and then Commissioner Smith. Mr. Fennoy: Mr. Traina, I too would like to thank you for your commitment to public transportation. Almost 30% of the people do not drive and they need to get from Point A to Point B. In talking to bus riders at bus stops one of the biggest complaints is that they have to wait a long time to get from Point A to Point B. If they miss a bus or if the buses they’re riding is late there’s no mechanism put in place that if a bus is scheduled to make a transfer at Kmart and the bus that’s coming to Kmart is late then the bus that’s it came off of the transfer will not wait on them and that holds them further behind. In the discussion in the early part of the year the question was asked why would company not a company or business not come to Augusta and the number one reason that they said is because of a poor transit system. So the Commission is taking a look at that and we are working diligently to try to something about it. But again thanks for your concern and your interest and your presentation. Mr. Mayor: Thank you, sir. Commissioner Smith. Mr. Grady Smith: I appreciate you coming down and discussing this. And it is called Mass Transit and that’s the thing we’re trying to do what’s good for the masses. And it’s going to take some tweaking and everything to see where there is more service. But and I’ll say I rode the buses back in the 50’s with all my crowd from up around Kissingbower Road and you know we sat on the front, the back and all the bus. But anyway and sometimes we along the times we missed a show down on Broad Street it kind of upset us. But we’re trying to do the best we can and we’re trying to put some things in place. So you’ll see some improvement. We’re going to move forward. 3 Mr. Mayor: Thank you, Commissioner Smith. Okay, Mr. Traina, thank you for being here today. Mr. Traina: Thank you. I see all these names I want to give you all credit for when it does work. And we’re all really proud of Augusta Transit. Mr. Mayor: Thank you. I thought you were going to say you were going to give us all hugs but if we get Transit fixed you might. Mr. Traina: See you later, Mr. Mayor. Mr. Mayor: Thank you, sir. Mr. Mayor: Okay, Madam Clerk, now on to the consent agenda please. The Clerk: Mr. Mayor, were you going to do the years of service? Mr. Mayor: Oh um, yes we can. Is Mr. Clark here? Mr. Russell? Ms. Speaker: Tonight we have four recipients for our Years of Service Awards. With 25-years of service Lt. Johnny May Harris. (APPLAUSE) Also 25 years, Carl Jones. (APPLAUSE) Another 25 years of service, Todd Thomas. (APPLAUSE) And with 30 years of service Johnny Smith, Joanie Smith. (APPLAUSE) Mr. Mayor: Okay, Madam Clerk, now on to the consent agenda. The Clerk: Yes, sir. Our consent agenda consists of items 1-37. And under the Planning portion of the agenda I’ll read the Planning petitions and if anyone has an objection would you please signify your objection by raising your hand. Item 4: Is a request to approve with conditions a petition by Davis Aggregates Corporation for a change of zoning from Zone LI (light Industry) to Zone HI (Heavy Industry) with a Special Exception to establish a coal yard on property at 510 Taylor Street. Item 5: Is a request to approve a petition by Isaac Jones for a change of zoning from Zone B-2 (General Business) with conditions to Zone R-1 (One-family Residential) on property located at 2094 Brown Road. Item 6: Is a request to approve with conditions a petition by Brian Patty for a change of zoning from Zone A (agriculture) and Zone R-MH (Manufactured Home Residential) to Zone LI (Light Industry) on property located at 3705 and 3705A Peach Orchard Road. Item 7: Is a request to approve with conditions a petition by Meybohm Realtors LLC, on behalf of Orlin Fletcher VFW Post 3200 for a change of zoning from B-2 (General Business) to Zone HI (Heavy Industry) with a Special Exception to establish an outdoor shooting range on property located at 2901 Gun Club Road. The Clerk: Are there any objectors to any of these Planning petitions? 4 Mr. Russell: None noted, Madam Clerk. Mr. Mayor: Commissioner Fennoy? Mr. Fennoy: Yes, I think we have some objectors to item number four. Mr. Russell: We do have objectors to item number four. Would you put that on the regular agenda, please? The Clerk: So our consent agenda is items 1-37 with the exception of Item 4. Mr. Mayor: Do we have any additions to the consent agenda? Yes, sir, Commissioner. Mr. Johnson: I’d like to add item forty. Mr. Mayor: Do we have any further additions to the consent agenda? Commissioner Jackson. Mr. Jackson: I’d like to add item 42, Mr. Mayor. Mr. Mayor: Any further? Commissioner Smith, did you? Mr. D. Smith: On number 42 there’s, Joe, we worked out some kind of deal about that that we need to do something different. Mr. Mayor: Okay, so we don’t have unanimous consent to put 42 on the consent agenda? Mr. D. Smith: We do not. Mr. Mayor: Okay. Any further items to go on the consent agenda? Would you guys be okay, we have an addition to the agenda which is an appointment of Ms. Tonya Bonitatibus to a term of the Augusta Port Authority. Is everybody fine with adding that to the consent agenda? Mr. Johnson: Yeah, we can. The Clerk: Mr. Mayor? Mr. Mayor: Yes, ma’am. ADDENDUM 45. Request from Probate Court Judge to transfer funds to provide for salary increases. The Clerk: We have a request for another addition as an addendum. You don’t have it on yours. It’s a request from the Probate Court Judge to transfer funds to provide for salary increases. 5 Mr. Guilfoyle: Mr. Mayor? Mr. Mayor: We don’t, yes, sir, Commissioner. Mr. Guilfoyle: Can I refer that back to the next committee cycle under Finance please? Mr. Mayor: Okay. Okay, do we have any items to be pulled for discussion? Commissioner Guilfoyle. Mr. Guilfoyle: Mr. Mayor, item number 22 and number 27 please. Mr. Mayor: Commissioner Smith. Mr. D. Smith: I don’t want to pull number 15. If somebody can answer a question real quick we can get --- Mr. Mayor: Okay. Mr. D. Smith: --- we won’t have to do that. Mr. Russell? Mr. Russell: Yes, sir. Mr. D. Smith: On number 15 was that bid out or how did we do that? Mr. Russell: It was bid out. Mr. D. Smith: Okay. Thank you. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Mr. Mayor, number four I know we got a couple of people here that want to speak to that. Do we need to wait or can we take that and discuss it. I talked with Planning and Zoning and they’ve got the situation resolved the best that we’re going to be able to do with it the way it is. And I’d like to put just one stipulation. And I don’t really need to put it out there now. Do we need to wait? Mr. Mayor: Let’s go ahead and approve the consent agenda and then we’ll take number four first. Mr. Williams: Okay. Mr. Mayor: Okay, is there a motion to approve the consent agenda? Mr. Mason: So moved. 6 Mr. Johnson: Second. CONSENT AGENDA PLANNING 1. FINAL PLAT – WILLHAVEN PHASE III, SECTION IV – S-822-IV – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Brewer and Dudley, on behalf of Brent Scarbrough & Co., requesting final plat approval for Willhaven, Ph. 3, Section 4. This residential subdivision is located on Huntcliffe Drive and contains 24 lots. DISTRICT 3 2. SA-49 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Subdivision Regulations for Augusta, Georgia by amending the language in Article II I- Section 302 – development plan checklist – by adding that any project within 100’ feet of the Augusta Canal must be reviewed and approved by the Augusta Utilities Dept. 3. SPA-10 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Site Plan Regulations for Augusta, Georgia by amending the language in Article II – Section 301 – site plan checklist-by adding that any project within 100’ feet of the Augusta Canal must be reviewed and approved by the Augusta Utilities Dept. 5. Z-13-23 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Isaac Jones requesting a change of zoning from Zone B-2 (General Business) with conditions to Zone R-1 (One-family Residential) on property containing 2.34 acres and known as 2094 Brown Road. (Tax Map 195-0-045-00-0) DISTRICT 6 6. Z-13-25 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) the use of the property be limited to the light manufacturing associated with a roofing and light metal fabricator company or those uses allowed in a B-1 (General Business) zone; a petition by Brian Patty requesting a change of zoning from Zone A (Agriculture) and Zone R-MH (Manufactured Home Residential) to Zone LI (Light Industry) affecting property containing approximately 6 acres and is known as 3705 and 3705A Peach Orchard Road. (Tax Map 168-0-012-00-0 and 168-0-015- 00-0) DISTRICT 6 7. Z-13-26 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) that the shooting range shall be surrounded by a minimum 20 foot height berm and 2) that no 50 caliber or fully automatic weapons be allowed on the range; a petition by Meybohm Realtors LLC, on behalf of Orlin Fletcher VFW Post 3200, requesting a change of zoning from Zone B-2 (General Business) to Zone HI (Heavy Industry) with a Special Exception to establish an outdoor shooting range per Section 24-2(a) (17) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 6.0 acres and is known as 2901 Gun Club Road. (Tax Map 008-0-002-00-0) DISTRICT 7 8. ZA-R-225 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta, Georgia by adding Section 28-A-7-J – Telecommunication Towers – inventory of towers and their carriers. 9. ZA-R-227 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta, Georgia 7 by adding Section 28-B(Signs) – approval of billboards to be erected on State routes, streets and roads in the National Highway System in accordance with Title 23 USC Section 103. 10. ZA-R-228 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta, Georgia by deleting the word “parochial” from Section 26-1(b) – Special Exception – parochial and private schools. 11. ZA-R-229 – 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 the language in Section 5-3-(b) (Non-conforming Uses) – nonconforming use of nonresidential structures. PUBLIC SERVICES 12. Motion to approve acceptance of a Federal Aviation Administration (FAA) grant funded through the Georgia Department of Transportation (GDOT) for the Airport Layout Plan Update and Roof Replacement at Daniel Field Airport. (Approved by Public Services Committee May 13, 2013) 13. Motion to approve Amendment #1 to Cooperative Agreement FY2013 for nutrition programs for Senior Services with CSRA Regional Commission. (Approved by Public Services Committee May 13, 2013) 14. Motion to approve an amendment to the Code at 7-1-27 to correct references to the Director/Building Official of the Planning and Development Department. (Approved by Public Services Committee May 13, 2013) 15. Motion to approve the Capital Improvement Program Manager’s recommendation to select Modern Business to supply and install the furniture for the Augusta, Georgia Municipal Building Renovations Project. (Approved by Public Services Committee May 13, 2013) 16. Motion to approve award of the Agreement for Maintenance of the Building Automation Systems, Video Monitoring Systems and Life Safety Systems at the Charles B. Webster Detention Center (CBWDC) to Southeast Automated Systems in the amount of $53,470.00 as a sole source provider. (Approved by Public Services Committee May 13, 2013) 17. Motion to approve entering into a contract with CARDNO ATC for Special Inspections and Construction Materials Testing associated with construction of the Augusta, GA Municipal Building Interior Renovations and Modernization Project and send to the Procurement Department for proper wording. (Approved by Public Services Committee May 13, 2013) 18. Motion to approve the FTA 5303 Metropolitan Transportation Planning Grant for 2014. (Approved by Public Services Committee May 13, 2013) 19. Motion to approve award of the Agreement for Maintenance of the Building Automation Systems, Video Monitoring Systems and Life Safety Systems at the Law Enforcement Center (LEC) to Southeast Automated Systems in the amount of $37,840.00 as a sole source provider. (Approved by Public Services Committee May 13, 2013) 20. Motion to approve the reimbursement of design fees for Apple Valley Park Community Center. (Approved by Public Services Committee May 13, 2013) 21. Motion to approve amendments to Augusta-Richmond County Code Section 6-6 secondhand Goods, Article 1 Brokers, so as to provide operating standards for brokers, 8 pawnbrokers, dealers in precious metals or gems and itinerant dealers in precious metals of gems. (Approved in Commission meeting May 7, 2013 – second reading) PUBLIC SAFETY 23. Motion to approve acceptance of a grant award from the Criminal Justice Coordinating Council to support Richmond County State Court Accountability Court DUI program. (Approved by Public Safety Committee May 13, 2013) 24. Motion to approve tasking the Administrator, Engineering Department to meet with the Sheriff’s Department and report back with a recommendation on the parking problem th on Broad Street between Tenth and Thirteenth Streets by May 17 and report that st recommendation back to the full Commission on May 21. (Approved by Public Safety Committee May 13, 2013) FINANCE 25. Motion to approve the lease of two sewer vacuum trucks for the Augusta Utilities Department – Construction and Maintenance Division. (Approved by Finance Committee May 13, 2013) 26. Motion to approve a request from Kevin Buchanan for a refund in the amount of $487.20 for overpayment on land taxes for property located at 970 Horseshoe Road. (Approved by Finance Committee May 13, 2013) ENGINEERING SERVICES 28. Motion to approve award for design services in the amount of $86,343.00 to W.R. Toole Engineers, Inc. (WRTE) in order to design a 24” water main on Lumpkin Road and a 24” water main on Doug Barnard Parkway. (Approved by Engineering Services Committee May 13, 2013) 29. Motion to authorize and approve Change Number One and Supplemental Agreement Number One to the Broad Street Bridge-Off Ramp to Washington Road over Raes Creek (CPB 328-041110-211828013) in the amount of $67,350.00 for Civil Services, Inc. (CSI) for the Augusta Engineering Department. Funding is available through Engineering SPLOST PHASE VI Fund. (Approved by Engineering Services Committee May 13, 2013) 30. Motion to approve a donated perpetual drainage and utility easement between Kim B. Ellis and Jennifer R. Ellis, as owners, and Augusta, Georgia as optionee, in connection with the Sterling Court Drainage Improvement Project, said easement consists of (365 sq. ft. (0.008 ac) of perpetual drainage and utility easement, more or less, from the property located at 807 Sterling Court, private. (Approved by Engineering Services Committee May 13, 2013) 31. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Friendship United Methodist Church, Inc., as owners, and Augusta, Georgia, as optionee, in connection with the CNG Tobacco Road Site, 0.11 acre (4,792 sq. ft.) in fee simple of permanent construction & maintenance easement, more or less, from property located at: 3027 Tobacco Road, private, at the purchase price of One Thousand, one hundred and ninety-eight dollars ($1,198.00). (Approved by Engineering Services Committee May 13, 2013) 32. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Duncan N. Johnson, as owner, and Augusta, Georgia, as optionee, in connection with the 9 Augusta Signal and Lighting Upgrades (Walton Way) Project, 0.002 acre (100.76 sq. ft.) more or less in fee simple and N/A sq. ft. of permanent easement, more or less; and N/A sq. ft. of temporary construction easement, more or less, from property located at: 1122 Walton Way, private, at the purchase price of $1,000.00. (Approved by Engineering Services Committee May 13, 2013) 33. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Charles D. Hazel, as owner, and Augusta, Georgia, as optionee, in connection with the Windsor Spring Road Phase V Project, (N/A sq. ft.) in fee simple and 0.045 acre (1,976.29 sq. ft.) of permanent construction & maintenance easement, more or less. Also granted is (are) N/A temporary driveway easement on Project Windsor Spring Road, Phase V, STP00-1105-00(004) from property located at: 4627 Windsor Spring Road, private, at the purchase price of $750.00. (Approved by Engineering Services Committee May 13 2013) 34. Motion to approve an Option for the purposes of acquiring a Right-of-Way between SBG Ventures, LLC, as owner, and Augusta, Georgia, as optionee, in connection with the Augusta Signal and Lighting Upgrades (Walton Way) Project, 0.001 acre (52.12 sq. ft.) more or less in fee simple and (N/A sq. ft.) of permanent easement, more or less; and (N/A sq. ft.) of temporary construction easement, more or less, from property located at: 1022 Walton Way, private, at the purchase price of $208.00. (Approved by Engineering Services Committee May 13, 2013) 35. Motion to approve an Option for the purposes of acquiring a Right-of-Way between Mary Louise Courson, as owner, and Augusta, Georgia, as optionee, in connection with the Marks Church Road Reconstruction Project, 0.064 acre (2,779.87 sq. ft.) in fee simple and N/A acre of permanent construction & maintenance easement, more or less; and N/A sq. ft. of temporary construction easement, more or less, on Project Marks Church Road Reconstruction, from property located at: 3615 Barbados Drive, private, at the purchase price of $5,600.00. (Approved by Engineering Services Committee May 13, 2013) PETITIONS AND COMMUNICATIONS 36. Motion to approve the minutes of the regular meeting of the Commission held May 7, 2013 and Special Called Meetings held May 7 and 13, 2013. APPOINTMENTS 37. Motion to approve the appointments and reappointment of the following Harry Moore, Coliseum Authority, David Hogg, Sr., Planning Commission, and Annette Harlan to the Tree Commission representing District 10. PUBLIC SERVICES 40. Motion to provide authorization to Turner Construction Company to award Bid Package #3, in the amount of $1,968,792.00, which provides the Structural Steel and Concrete for the Augusta Georgia Municipal Building Renovations and Modernization. (No recommendation from Public Services Committee May 13, 2013) ADDENDUM 44. Motion to approve the appointment of Ms. Tonya Bonitatibus to a term on the Augusta Port Authority representing District 4. (Requested by Commissioner Mason) 10 Mr. Mayor: We have a motion that’s been properly seconded. Commissioners will now vote by the usual sign. Motion Passes 9-0. Mr. Mayor: Madam Clerk, let’s go with the first agenda item pulled. The Clerk: PLANNING 4. Z-13-21 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) height of the coal is not to exceed the height of the wall or barricade; 2) the petitioner shall continue to keep the coal moist using sprinklers; 3) the petitioner shall continue to monitor water quality of effluent for turbidity and contamination; a petition by Davis Aggregates Corp. requesting a change of zoning from Zone LI (Light Industry) to Zone HI (Heavy Industry) with a Special Exception to establish a coal yard per Section 24-2(a) of the Comprehensive Zoning Ordinance affecting property containing 6.62 acres and known as 510 Taylor Street. (Tax Map 060-030-01-0) DISTRICT 1 Mr. Mayor: Mr. Patty. Mr. Patty: Yes, sir. This is a tract that where a apparently a new use appeared along Gordon Highway across Gordon Highway from Red Lobster several months ago. And I had noticed it before that. We became aware of the fact that it did not have a sufficient zoning history that we could document to say that it was a legal non-conforming use. And we asked the owners after we investigated it to put it in for rezoning to HI with the Special Exception. They’re here, they’re capable of explaining why they need to do what they’re doing there. We’ve done everything that we can think of to protect the neighborhood from any adverse affect, potential adverse affects with what they’re doing. We’re requiring them to continue to keep it wet through a sprinkler system that they’ve got in place now. They’ve got a Jersey type barricade around it. One of the conditions would be that the height of the stuff wouldn’t exceed the height of the barricade. And they have a plate liner under that that’s collecting all the storm water fluid from it and that’s being taken to a certain point where it’s being monitored for contamination and turbidity and being released into the water system. So I don’t know what else we can do. The applicant is here. Mr. Mayor: Commissioner Williams? Mr. Williams: I think Mr. Fennoy had his hand up first. Mr. Mayor: Commissioner Fennoy. Mr. Fennoy: Yes. Mr. Patty, do we have any environmental issues with that area as far as has the soil been tested? 11 Mr. Patty: It’s been a rail yard for a hundred years or so. I wouldn’t, I’d be able to answer that question but I could speculate that yes --- Mr. Fennoy: Okay. Mr. Patty: --- probably none of them related to this coal yard. Mr. Fennoy: Okay and what about the area across the street? Before this was brought to the attention of the Commission you could see the coal yard from the highway. And I’m not sure on a day like today whether that coal dust would’ve the children at the school could’ve been exposed to the coal dust or the ground could’ve been contaminated as a result of the coal dust being blown in that area. Mr. Patty: They’re not crushing it or anything that would pulverize it that you would think would make it airborne. The applicant’s here and I think his engineer’s here. I think those are questions that they ought to be answering. Mr. Mayor: And I’ll just go ahead and if we can, if it’s okay with ya’ll if we could here from the applicant. Commissioner Williams. Mr. Williams: Yes, Mr. Mayor. And I spoke with the Planning and Zoning and I brought this issue to the table. And I understand Commissioner Fennoy’s interest in his comments. This business has done everything that we asked them to do to secure it as best we can the business has been there. And before this it was a rail yard and there was coal that bagged there when they binned it in bags. Now, George, that’s dating you back a few years back but there used to be bags of coal. But with the barricades that have been built with the precautions that have been taken I mean I’m comfortable with it. And I’ve got no problem. I understand that the business is already there now and it would be really to go back and try to redo this as long as it’s maintained with the water, with the stipulation here. Now there’s one thing I would like to add that if it ever ceased doing this business there that we, it revert back to what it is now versus staying like it staying there so somebody else can come in with something different. I mean the company’s there they’re here in Augusta and it’s already here so I wouldn’t want to try to revert cease to do this business there that now at this point. But I want to make sure that if it does that it revert back to the present zoning --- Mr. Patty: Light Industry. Mr. Williams: --- light industry than going back to Heavy Industry. So if he ever sells it, it wouldn’t be a continuation and I don’t know whether the Commission could --- Mr. Mayor: Would you like to make a motion to approve with that stipulation? Mr. Williams: Yes, with that stipulation I’d like to make a motion to approve. Mr. Mayor: We have a motion that’s been properly seconded. I’d like to hear from the petitioner, applicant. 12 Mr. Speaker: Thank you. Mr. Mayor: And if you could keep it to five minutes, please, sir, and those opposed I’ll take one of your representatives for five minutes as well. Mr. Speaker: What I’m using this for is to stockpile coal for International Paper. They’re burning natural gas on a continuous basis but every once in a while they curtailed in the winter time or a gas main breaks or something like that. This is strictly a pop off value for them should they run out of gas we immediately run down there and haul coal to International Paper. Before I did this I checked with my engineers to check with the EPA. It’s not a hazardous material it’s not a problem. I built a concrete outflow for the water. We test the water and I’ve got a sprinkler system on it to keep it wet. But coal is not a hazardous material. We’re not processing this coal in any way. We’re not crushing it we’re not burning it we’re not turning it into any other product. We’re just stockpiling raw coal in case International Paper needs it. I own Augusta RediMix and Davis Hauling both located in Richmond County and you know I love this city and I wouldn’t do anything to harm the city. I have a man that monitors this facility every day. If the sprinkler needs turning on we turn them on. I built a concrete wall around it put a gate for security and improved I think improved the property immensely. I’ve got pictures if you want to see them but I’m just trying to provide a service and quite frankly I need the work. The economy is bad and I need it, International Paper needs it and I appreciate your time. Mr. Mayor: Okay, thank you, sir. Let’s hear from, do we have somebody representing the objectors? Please come up to the mike and if you could give us your name and address for the record and if you could keep it to five minutes as well please Ma’am. Ms. Banks: Good evening, I’m Vicky L. Banks. I’m 709 Albany Avenue. This message is brief. It’s to all the Commissioners, City Administrator, Zoning Department and the public. I’m just speaking on behalf of all concerned citizens in the East Augusta area in reference to the coal being stored at 510 Taylor Street. Our concerns is you’re stating that it’s not hazardous and everything’s been tested. But our concern is possibly it could be hazardous to the environment. We have a large population of residents as well as children that live in the district as well as businesses. Some of our concerns are 1) how often is the coal monitored. Number two how often is the coal sprinkled. Is that something daily as needed, weekly. Number three shouldn’t this coal be covered? And number four why can’t this coal be stored at the Federal Paper plant for usage. Thank you for allowing me to speak. Mr. Mayor: Thank you, ma’am. Commissioner Fennoy, did you have? Mr. Fennoy: Yes, she asked the question why can’t the coal be stored at the Federal Paper Company? Mr. Speaker: I’ve got Federal Paper here but to make it short they, CSX brings the coal in on CSX lines and CSX does not service International Paper. Plus they’ve got no room at that wetlands that they have so on and so forth. So they don’t have any room. The property is 13 monitored every single day. I’ve got one guy in charge to sprinkle as needed. Sometimes it’s raining it’s not needed to turn the sprinklers on but I have a man that goes down there every day. That’s part of International Paper’s stipulation. Mr. Mayor: Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. And I appreciate the neighborhood and their concerns and they know I’ve been a stickler trying to protect and make sure. If you want some history now you’re going to hear some. The city says railroad who have been across the street. And that doesn’t make it any easier on making it better for this company here. But the CSX Railroad has been on the other side for hundreds of years I imagine and if there was any contamination we need to be worried about probably should have been or still should be coming from over there. I’m not saying that the neighborhood ought not be protected and I think that we’ve done the best we can to protect it. But I wouldn’t be supportive of it because I, when we first Commissioner Fennoy and I when we first saw it you know it was kind of a surprise when I first saw it come up. But it’s been an old coal yard there for years. But if you’re going to crush the coal the dust is flying and that kind of thing, I looked at it very closely, I talked to George Patty about it. I talked to some people at the Planning and Zoning and I feel comfortable knowing that if they every result from being what it is now that it’ll go back to the present state of Light Industry and they can’t be continued on. So if he sells it, if he stops that then it’ll go back to what it was. But we got to do is control what we got. But I’m in support of the neighborhood as well but I wouldn’t be supporting this if I thought it was going to be a hazard to the neighborhood down there. Mr. Mayor: Thank you, sir. Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. I understand from what listening to George Patty, Mr. Davis and as well as the concerns of the surrounding neighbors they do comply with the EPA. They have been there for a long time, they do monitor, they do water it every day. There’s no health effects from coal and I don’t know what benefit it would be to change the zoning if he sells the property. I mean we can’t dictate what somebody does with their own property. That’s just my question. Mr. Mayor: And I’ll give you, this is the third time I’ll give you one more minute. Mr. Williams: I just want to explain to my colleague. I’m not trying to dictate, Mr. Commissioner. What I’m saying is that if somebody else comes us and wanting to do something they got to come before us too because we ought to know what’s coming there not just leave it Heavy Industry and another heavy industry come in with a steel, whatever situation that’s going to be there. And the people down there are saying well ya’ll approved it back in 2013 now here it is 2018 and ya’ll trying to do something else. So in order to come back doesn’t stop it or limiting anybody it just gives us the opportunity to know before they get there before they start doing something else. So I’m going to call for the question, Mr. Mayor, so we can go ahead. Mr. Guilfoyle: Mr. Mayor? 14 Mr. Mayor: Okay the question has been called for. Do we have any objections? Okay, we have an objection. Mr. MacKenzie, is this the first time we’re doing this but so we will now, the Commission will now vote to approve or deny the objection. Correct? Mr. MacKenzie: The call of the question. Mr. Mayor: The call of the question. Mr. Johnson, Ms. Davis, Mr. Jackson, Mr. Donnie Smith and Mr. Grady Smith vote Yes. Mr. Fennoy, Mr. Mason, Mr. Guilfoyle, Mr. Williams vote No. Motion Fails 5-4. Mr. Mayor: Okay. Mr. Guilfoyle: Mr. Mayor, can I make a substitute motion? Mr. Mayor: Not at this point because debate has been ended. So we have a motion to approve that’s been properly seconded. The question’s been called for. Commissioners will now vote by the usual sign of voting. Mr. MacKenzie? Mr. MacKenzie: Just wanted to clarify. The vote failed on the motion to call the question so the debate can continue until such time as the debate ends. Mr. Mayor: We’re in new waters. We’re trying to get this right. Okay, Commissioner Guilfoyle. Mr. Guilfoyle: I would like to make a motion that --- Mr. Mayor: Substitute motion. Mr. Guilfoyle: --- if Mr. Davis ever sells his property and use it anything other than a coal it’ll come before this Commission such as metal, chemicals, etcetera. Mr. Williams: Same difference. It’s different words but it’s the same difference. Mr. Speaker: Can I? Mr. Mayor: Yes, sir. Mr. Speaker: I don’t know about anybody here but I agree with Mr. Williams. Mr. Guilfoyle: Okay. Mr. Mayor: Okay, would you --- Mr. Speaker: I’m trying to protect --- 15 Mr. Williams: That’s right. Mr. Speaker: I’m zoned heavy industry somebody could come in here and do something crazy. Mr. Williams: That’s right. Mr. Mayor: Okay we --- Mr. Speaker: I agree. I have no problem with it. Mr. Mayor: Okay. Mr. Williams: Back to the original motion. Mr. Mayor: So the substitute motion was not properly seconded so now we will vote on the primary motion. Commissioners will now vote by the usual sign of voting. Mr. Mayor: Mr. MacKenzie, could you let us know the motion is or Madam Clerk? Mr. MacKenzie: It would be the last motion that was pending which was I think the Clerk has. Mr. Mayor: Madam Clerk? Motion to approve with the stipulation. The Clerk: That it would revert back to light industry zoning he ever sells the operation. Mr. Mayor: Okay. We have a motion that’s been properly seconded. Commissioners will now vote by the usual sign. Mr. Fennoy votes No. Motion Passes 8-1. Mr. Speaker: Thank you very much. Mr. Mayor: Thank you, sir. Madam Clerk, if we could go to the next pulled agenda item please. The Clerk: ADMINISTRATIVE SERVICES 22. Motion to approve rotating the scheduled meeting time for all committees. (Approved by Administrative Services Committee May 13, 2013) Mr. Mayor: And, Commissioner Smith, I think this was your pull? 16 Mr. D. Smith: No, sir, that was Commissioner Guilfoyle. Mr. Mayor: Oh, Commissioner Guilfoyle. Mr. Guilfoyle: I was hoping Mr. Lockett would be here today so I wouldn’t be thinking I’m talking behind his back. I’m not. The only problem I have is I run my own business and time is a essence for me. And when it comes to these committees a lot of times I’ve got to leave early because when you’ve got a committee cycle lasting five and six hours and not only taking time away from our citizens that’s up here to speak before us and they have to constantly wait for hours. No different than our Administration staff that has to sit here and wait. I’m not in favor of approving this swapping of committees because for one reason. Out of the last committee cycle out of nine items Mr. Lockett had placed five of the items on there and I just don’t have time for it sir. Mr. Williams: Amen. Mr. Mayor: Okay. Mr. Guilfoyle: I make a motion to deny. Mr. Johnson: Second. Mr. Mayor: We have a motion that’s been properly seconded. Commissioner Fennoy. Mr. Fennoy: You know and I think that one of the reasons Commissioner Lockett put this on the agenda is because by the time he gets to the Administrative Services it be 5:30/6:00/7:00 o’clock. And most of the members of the Commission is gone and he’s not given an opportunity some of times to discuss the items that are placed on his agenda. And I think that the only thing that he’s asking for is equal time and opportunity for Administrative Services to be first so that people that he have that come to address Administrative Services will be given the opportunity to speak and we won’t be left with all the other Commissioners gone. Mr. Mayor: Commissioner Williams then Commissioner Davis. Mr. Williams: Thank you, Mr. Mayor. Mr. Lockett, Commissioner Lockett, we spoke about this several times. And I understand but we had a process before. And I don’t know when it changed, I wasn’t here then but the committee meetings ran pretty smooth. I mean in fact we had two committees going on at the same time at one point. But now we got a different animal and we want to complain. Now six votes hopefully, I wasn’t here during that time hopefully six votes changed it to what it is now to set it up the way it is. And things run along. You got people who are here today who’s here not just because they want to look at us there’s business being handled. And when you’re going to handle people’s business you’ve got to take the time to do that. Now if people want to be a chairman, I’m not a chairman of any committee. I might be assistant chairman but I don’t need to be a chairman. My questions will be asked just like anybody else’s but we need to go back and look at what we got, come up with a solution and 17 work something out. Nancy, you know we had an over schedule where the committee started at a certain time. A certain time each committee will start and the people who had to come knew what time that committee would start and they would be here for that committee. But now we got away from that but we’re complaining. Now children you can’t have it your way we got to do it the right way. So we need to look at what we got, come meet it in committee, talk about it and let’s come up with a format where we can go back to a schedule or time process where each committee will know what time it starts and we’ll do that. But I don’t we ought to make a decision yes or no and just stay where we are. Now if you’re a chairman of the last committee you got to deal with the last committee. I mean it’s as simple as that. So that’s my point. Mr. Mayor: And I’ll just make it quick comment. I, running them concurrently I think will probably help. We know that there’s something we can be doing better and I agree with you. I think it needs more discussion in committee because we’re not of one mind on it. So I would hope that potentially we could run it back through committee. I’m going to go to Commission Davis then Commissioner Mason then Commissioner Johnson. Ms. Davis: Thank you. And I agree with Commissioner Williams on that too. And I don’t think Commissioner Lockett’s intent was to put his, this Administrative Services first every time. It was just to try to come up with a rotating schedule so that you’re not always the last But so I’d like to make a substitute motion to move this back to committee for committee. further discussion. Mr. Jackson: Second. Mr. Mayor: Okay, we have a motion that’s been properly seconded. Commissioner Johnson. Mr. Johnson: Mr. Mason was before me. Mr. Mayor: Oh, excuse me. Commissioner Mason. Mr. Mason: Let me say this just for clarity. And I can respect Commissioner Williams’ statement about the previous schedule but I happened to be here when the schedule was changed. And let me explain why it was changed. The fact of the matter is, is that when you had it on a schedule you had, you still had issues. And one of the main issues was if you started as an example Administrative Services at l:00 o’clock and you got finished at 1:10 and the other one didn’t start until 1:30 then you got twenty minutes where nothing’s going on. Okay? So that was a problem. So problem is a problem is a problem is a problem no matter how you look at it. So this way it was put on at the same time so that when one committee gets over you don’t have to wait fifteen/twenty minutes, thirty minutes a half hour or an hour to start another committee meeting because once it’s published, this is law now once it’s published and it’s gone out to the media as such if that’s your start time you cannot start before that time. You can start after but you can’t start before. So if you’ve got a lag of a half an hour forty-five minutes we’re sitting here twiddling our thumbs and no business is getting done. That’s not an efficient and effective way of doing business, period. So that’s why it was changed. And so the time frame as you know Mr. Mayor now is what it is. Now people are talking about running concurrent sessions. 18 We can do that if we have the votes to do that but the fact of the matter is, is that you do not get appropriate discussion and I would like Commissioner Williams would appreciate this you won’t get appropriate discussion if you’re sitting here doing one committee and somebody’s over in another room doing another committee and then when you get to the Commission you’re going to want to talk about it but that ain’t the place to talk about it. The place to talk about it is in committee and that’s why it’s done that way. We’re here to do business. That’s why we’re hired on to do. So we do business and there’s times where we, yes sir. Mr. Mayor: I’ll recognize you for another two? Mr. Mason: Thank you, I appreciate it. So there’s times where we can say in our own minds we, we talked this thing out for awhile, let me be quiet for a moment and let this thing move on. But that’s an individual thing. So I can stay here five, six, seven o’clock. It really doesn’t matter to me because that’s what I signed up to do. I don’t appreciate that but the fact of the matter is if that’s what I was elected to do that’s what I was elected to do. What’s trying to, what’s trying to happen here is very simple. And Mr. Lockett was not talking about putting his first every time or anything like that. If Finance as an example or Public Safety, if it’s first all the time Public Safety gets their stuff in and they’re out of here. And then everybody else has to wait while more discussion continues on and on and on and it’s unfair. So that’s the most fair system in my mind to have it rotate so nobody gets stuck every time. So that’s something to think about and I don’t have any problem moving on with this as it is because that is the most appropriate way in my mind to do it on a rotating basis so that nobody gets stuck in position. Thank you, Mr. Mayor. Mr. Mayor: Thank you. Okay, Commissioner Johnson. Mr. Johnson: I’ll wrap it up, Mr. Mayor. The only thing I wanted to say right quick was actually I also was in conjunction with what Commissioner Mason said about running the committees concurrent. You may have two or one person on another committee and they can’t do that committee so you can’t run them concurrent because it would conflict with that. So that would be an issue as well. I think what we need to do and let’s be realistic here yeah, committee’s are designed to have discussion but we need to probably limit how much discussion we have. We can’t do everything in one day. So let’s you know we need to try to limit the amount of discussion and as Commissioner Williams said we got to eat the elephant one bite at a time. We can’t do everything in one session. So let’s limit discussion and in that way we can monitor you know the committees so we’re not running three, four hours you know into a one committee. So I think that’s what the main concern is here because we just have too much discussion under one committee and that can cause, mostly it can cause lengthy discussions. So that’s one of the things we probably need to look at most on anything. Thank you. Mr. Mayor: Commissioner Smith then Commissioner Williams. Mr. Grady Smith: What I was going to say you know in the two years I’ve been on is certain committees do, a lot shorter times a lot less items to go over and everything. And then I like it that we need some force of time limits in these committees you know and we don’t have and I think some people just you know go on and on about a subject when we need to move on. 19 And we come down here we get here at twelve o’clock and the next thing you know you’re sitting around here at quarter of five. You know I’m fixing to get a speed dial to Domino’s you know get something delivered. But I think we need to really look at those committees because we can take the ones that are quick, get them out of the way and then get on to the ones that last a little longer but then time as just gotten out of hand with it. Really. Mr. Mayor: Thank you, sir. Commissioner Williams. Mr. Williams: Mr. Mayor, maybe we can make a motion like Commissioner Davis said and send it back to committee to limit the amount of items on the agenda because sometimes the agenda book is long because we got a, we might need to cut it back as to how many items per committee. I mean I don’t mind serving and I’m for those that got the long discussion because I need the discussion. There’s answers that I need to have to tell the people and I’m going to get those answers I’m going to get those questions asked anyway because I’m going to get those answers because that’s what I was elected for. So if we’re going to limit how many items maybe that might help us get out a little bit early and have them put on the next committee and then that kind of falls in place. But I don’t think we ought to try and silence or quiet an elected group who supposed to be speaking for the people. I mean this garbage thing, I got more trash calls at my house then you can ever imagine and if I don’t ask no questions I’m going to deal with that. So we might need to go to committee and maybe we can limit as to how many on each committee that we’ll have in that way. Mr. Mayor: Well, and I think that this has been some good and fruitful discussion. And I agree with Commissioner Davis and Commissioner Williams that I think referring back to committee because we know we need to do something to tweak it a little bit. We’re just not all in agreement how we should do that at this point. So if there’s no further discussion we have a substitute motion that’s been properly seconded. Commissioners will now vote by the substitute sign of voting. Mr. Donnie Smith votes No. Motion Passes 8-1. Mr. Mayor: Madam Clerk, on to the next pulled agenda item, please. The Clerk: FINANCE 27. Motion to approve a request by Ms. Pearlie Mae Brown regarding a claim for damages in the amount of $546.72 resulting from an incident in which her automobile was damaged when it struck a pothole on Cadden Road. (Approved by Finance Committee May 13, 2013) Mr. Jackson: Motion to deny. Mr. Grady Smith: Second. Mr. Mayor: Commissioner Guilfoyle. 20 Mr. Guilfoyle: Before ya’ll quit down that end of the field. I’ve seen that already. Mr. Mayor: You haven’t even had to use your signal yet. Mr. Guilfoyle: Mr. Mayor, I’d like to make a substitute motion. I would like to send this back to Legal for potential litigations. Mr. Fennoy: Second. Mr. Mayor: Okay. Commissioner Johnson. Mr. Johnson: That’s fine. I was just going to say at the end of the day I think it’s, it’s an item that, it was approved. I was shocked it was approved last week by committee but I thought it raised eyebrows. I did get some questions about that and I think you know with all due respect to Madam who was her car was affected by that we have had several cases like that in the past. And you know we weren’t able to approve those based on the circumstances. So I think it would just probably be too premature to even think about that at this point because of the, you know, the precedent that we have set in the past. And it would probably be inappropriate to do that at this time. So I mean although I think it may be something Legal can get with them on that’s fine I don’t have any problem supporting that but you know it’s just something we need to know that it’s been done in the past differently and we don’t need to probably get into that now so thank you. Mr. Mayor: Commissioner Smith. Mr. Grady Smith: Mr. Chairman, Mr. Mayor, the way I see it is that we’re precedence comes into play you know we started opening a can of worms which I did one time at my piece of property I said a gentleman ran over a nail I fixed him and bought him a new tire. Well, guess what? In the next couple of months I was fixing tires and buying new tires. I mean when does it stop? And I just think that this is not an area we need to go. If there’s a pothole out there surely we try to fix as many as we can and the Engineering does a pretty good job. But, you know, people need to be aware of the road. There’s other things to a road and you know. Then we get into the Legal end. How many times did you hit the pothole, where was the pothole how big was it and I just think we’re opening up a can of worms that this body doesn’t need to enter into. Mr. Mayor: Okay, thank you, sir. We have a substitute motion that’s been properly seconded. If there is no further discussion Commissioners will now vote by the substitute sign of voting. Mr. Fennoy, Mr. Johnson, Mr. Mason, Mr. Donnie Smith and Mr. Guilfoyle vote Yes. Ms. Davis, Mr. Jackson and Mr. Grady Smith vote No. Mr. Williams out. Motion Fails 5-3. Mr. Mayor: Okay, we have a primary motion on the floor to deny. And if there’s no further discussion Commissioners will now vote by the usual sign of voting. 21 Mr. Johnson, Ms. Davis, Mr. Jackson, Mr. Guilfoyle and Mr. Grady Smith vote Yes. Mr. Fennoy, Mr. Mason and Mr. Donnie Smith vote Yes. Mr. Williams out. Motion Fails 5-4. APPOINTMENTS 37. Motion to approve the appointments and reappointment of the following Harry Moore, Coliseum Authority, David Hogg, Sr., Planning Commission, and Annette Harlan t the Tree Commission representing District 10. Mr. Mayor: No action taken. And lady and gentlemen, can I get a motion to reopen agenda item Number 37 for clarity on this appointment? Can I get a motion to that effect? Mr. Mason: So moved. Mr. Johnson: 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 carries 9-0. Mr. Mayor: Thank you, ma’am. And on this just as we continue to try to get more clarity I just wanted to make sure that, Commissioner Smith, you’re appointing Harry Moore. Just so that in the future we know, who is he replacing? Mr. Grady Smith: David Hogg. And David’s going to Planning. Mr. Mayor: Okay. So do we need another motion to approve with that Mr. Attorney or is that being on the record. Mr. MacKenzie: If there’s no objection to that then that would serve as an amendment. Mr. Mayor: Okay. Is there any objection? Okay. Thank you. Madam Clerk, on to the regular agenda. The Clerk: PLANNING 38. Z-13-20 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Valerie Hobbs, on behalf of Timothy Green, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1(h) of the Comprehensive Zoning Ordinance affecting property containing .23 acres and known as 510 Wallace Street. (Tax Map 061-1-276-00-0) DISTRICT 1 22 Mr. Mayor: Mr. Patty. Mr. Patty: Sir, this is a request for a Personal Care Home house in East Augusta that’s been abandoned for some time and fallen into disrepair. We did have the East Augusta Neighborhood Association opposed to it. They’re present. Their chairman was there. They had other objectors. We did have some folks in favor of it and the Planning Commission voted to deny. Mr. Mayor: Okay, thank you. Can we hear from that applicant? Ms. Hobbs: Hi, Mr. Mayor --- Mr. Mayor: Hey, how are you? Ms. Hobbs: --- and Commissioners. Good Evening. I’m Valerie Hobbs --- Mr. Mayor: And you could state your name and address for the record and keep it to five minutes, please. Ms. Hobbs: Okay. I reside at 3050 Grey Fox Drive in Hephzibah and I would like to start a Personal Care Home at 510 Wallace. It’s a decent area and it’s an area where it’s needed. It has other personal care homes in the area as well as this particular house has been there over 12 years, abandoned for intruders, drug addicts or what have you, homeless. And here Tim Green he fixes up houses in that area. Quite a few of them he beautified them and he’s making this look nice. And this is a place where it’s going to be for family. And it’s not going to be any interference with anyone, anybody because like the ones that are petitioning against it are almost of age to be in my personal care home as well as me. But I just think that it’s a nice thing to do. I care about people. The people that I get are from the VA and they’re not necessarily most of the guys that I get are not you know like from Viet Nam, having problems, issues like that. These are, I usually get 70-something to 80-something and these are people that don’t have family here in Augusta. Their guardians are out of state so they contact me through the VA. And this is what I want to do. Even some older women you know and it’s not going to be that many people. And I’m not a trifling person, I’m a giving person and I love the Lord. And this is what I want to do. And if I cannot do it here then I’m going to do it somewhere if God allows me. Can Tim say something? Mr. Mayor: Thank you, ma’am. And you can. Mr. Green: My name is Tim Green and I own the property. And I’ve been living in the area for like 40 years and I own several properties down there. And the reason why I didn’t come to the Planning Committee because I had talked to everybody in the area that was going to be next door to the house and across the street and nobody has a problem with it so I didn’t come. So after she told me that they had denied it and turned her down so I said well I got to get the footwork and go around and talk to people. So I went around and I got over a hundred petitions, people that you know were against it and I moved forward and everything else and most of the people right around the area on Wallace Street and Buford Street and Azalea Street 23 and the people that live next door and across the street they have no problem with it you know and so I just you know said and the ones who petitioned it they’re saying that you know that Ms. Hobbs doesn’t live in the area or anything like that. But I’ve been living there for 40 years. And I can say I’ve got several houses down there and nobody can say that I run any kind of slum lord or anything like that. All my houses are nice and I make sure that the people that stay in them maintain them and keep them up you know so. Mr. Mayor: Thank you, sir. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. Two things, one I need to hear from the District Commissioner on what his recommendation is and then two from Planning and Zoning to see what was the reason for requesting the denial. So I’d really like to hear from the District Commissioner on what his recommendation is for his area. Mr. Mayor: Commissioner Fennoy. Mr. Fennoy: Yes, I have received numerous phone calls from residents of East View and none of them are supportive of that becoming, the Wallace Street address becoming a Personal Care Home. Mr. Green: Yeah but have you talked to anybody that lives in that area? It’s just like a lot of people petitioning or not they live blocks away. There’s nobody that’s on that street or right around it that’s said anything about it. And like I say I’m a part of a neighborhood association too at the same time you know. And like I said I’ve got over a hundred people just in that area right there that signed the paper for it. They got their names and phone numbers on there. Mr. Mayor: Okay, I’m going to, and before we do this, Commissioner Mason, I do want to hear from, give the objectors equal time if we have somebody representing. And if you could state your name and address for the record, please, sir and keep it to five minutes as well. Mr. Speaker: My name is Ernest S. Muhammed. I reside at 612 Beaufort Avenue. I am the President of the East Augusta Neighborhood Association and I have a paper signed by at least 44 people saying that they do not want this particular event in the area. Our objections are 1) is that it is right next to a bus stop where children are you know loaded and disembarking for school children walking through the area for school and it’s a possibility that it could be a traffic hazard for the area. And another concern is that a Special Exception, we have no divinities or idea what Special Exception means. That could, after it’s approved that anything could be put in there even though the petitioner stated that there would be Viet Nam veterans. I am a Viet Nam veteran and certainly I do care for veterans but we do not see this as being in the best interests of the East Augusta Neighborhood area. It is a residential area and we want to keep it a residential area. Mr. Mayor: Okay, thank you, sir. Commissioner Williams and then we’ll hear from Mr. Patty. Well if you, Commissioner Williams, are you okay with hearing from Mr. Patty first? 24 Mr. Williams: Yes. Mr. Mayor: Mr. Patty. Mr. Patty: Really all I can say about this is we have a lot of these. They’re generally not contentious but in this case it was. Obviously we listened to both sides we balanced the pros and cons. I think there was a lot of discussion about it, a lot of mixed feelings about it but I think in the end the Commission felt that it should be denied. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. Mr. Green I sympathize with you being a business man and having other businesses other homes I assume rental properties there. But the neighborhood when you bring a, when you start a neighborhood business in the neighborhood and if we approve this one then somebody else who wants to do something similar, it may not be the same thing then we’re going to have to do the same thing for them as well. Then the constituents who stood and said they want to keep it a residential area then before you know it and that happens a lot in a city. I mean this is no knock on you. I think you ought to be commended for fixing up old properties we got sitting around. I think that’s commendable. But when you allow one to come in and I think the lady said Ms. Hogan, what was your name? Ms. Hobbs mentioned there was several already down there already in the area. East Augusta is a good neighborhood. As good as any neighborhood in this city of Augusta but it had a stigma on it because it’s in East Augusta. It shouldn’t be East Augusta it should be just Augusta but we got a West and a South and an East and all that. But I’m saying that I’m going to have to support the residents in this case. Nothing personal and think you ought to be commended but when, where you live if somebody wanted to put a nursing home or a in fact the state is doing that in a lot of areas that we don’t have any control over. They go in there and put them in there. But here we are who make those decisions to maintain the residence the best we can to be a residence and not a business. Mr. Green: The fact is I live right around the corner. Mr. Williams: I understand, I understand and I heard what you said about talking to other people but if --- Mr. Mayor: Commissioner Williams, I’m going to recognize you for another two minutes. Mr. Williams: Okay. Mr. Green, he give me two more minutes to talk to you. But I heard what you said about talking to the other residents. If the mass of people they don’t have to live next door to you. Because they’re not on the same street they’re still in that neighborhood. They’re still, if you try and sell a house and somebody says I don’t want to buy in there because of this because of that we got daycares and Mr. Patty can give you a line or list of different stuff that we got an overabundance of them in the different areas. So I still commend you. 25 Mr. Green: Well, that’s the problem. I got over a hundred signatures. He don’t have but forty signatures. Mr. Williams: I understand that but we’re not talking about signatures we’re talking about residents. We’re talking about people, I mean I get you some signatures. Mr. Mayor, I’m going to go ahead and call for the question, I going to call for the vote. Mr. Mayor: Are you going to make a motion? Mr. Williams: I’m going to make a motion we deny. Mr. Mayor: Do we have a second? Mr. Fennoy: Second. 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. Mr. Mason and Mr. Lockett out. Motion Passes 8-0. Mr. Mayor: Madam Clerk, next agenda item, please. The Clerk: PLANNING 39. Z-13-24 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Warren Taylor requesting a change of zoning from Zone R-3C (Multiple-Family Residential) to Zone B-1 (Neighborhood Business)affecting property containing .77 acres and known as 1866 Kissingbower Road. (Tax Map 071-1-214-00-0) DISTRICT 2 Mr. Mayor: Mr. Patty. Mr. Patty: Sir, this property is adjacent to a little park up there near White Road. In the area with the exception of the commercial center at White Road is all residential. This applicant has been before you before. He wants to put a fruit stand in there or a vegetable stand there which is innocuous but would require commercial zoning and that would encumber that area for future for other commercial interests and rezoning and we think it’s a bad idea. We recommend you deny it. Mr. Mayor: Yes, sir, Commissioner Johnson. Mr. Johnson: Thank you. George, exactly I know you said is that on the corner where the car wash is located? 26 Mr. Patty: No, this is a commercial, a narrow commercial lot. I’m sorry a narrow lot. Mr. Johnson: Residential? Mr. Patty: It was zoned multi-family back years ago and I believe it’s right next, I don’t have my map. Mr. Johnson: Is it one, is it the one right next to the park, right next to the park there. Minnick Park. So that little area there he wants to put a fruit stand there. And you said the problem is? Mr. Patty: The problem is the precedent you would set by doing that. It would encourage other such predominately residential area, you’d encourage other people to consider other commercial uses and you’d end up with other rezoning requests in that area. It’s a type of area that that would happen. Mr. Johnson: That’s what I was trying to figure out because I couldn’t figure out why it was being denied when I was thinking it was on the other end near the railroad track. So you’re talking about that parcel lot there. Okay. Thank you, Mr. Mayor. Mr. Mayor: Okay, Commission Williams then Commissioner Smith. Mr. Williams: Thank you, Mr. Mayor. I’m going to guess what I said a few minutes ago this piece of property, this piece of property been sitting there a few years. And the owner’s been trying to sell it. Tried to sell it to the city because it’s adjacent to the Minnick Park there. And I thought it would be a good idea for the city to expand the park. But he’s been trying to do something with it. No one is going to build on that property because it’s not big enough to build on it as far as a house. Now we can either let it grow up and I understand you’re talking about resident’s is next to the park. There’s one house before you get to the park then there’s the park. Then there’s this lot then there’s two houses then you get to the corner I think. Maybe three but it’s not a, it’s not a condensed neighborhood in there. Behind that is a, the creek George I think and I don’t see a picture here but there’s a creek that runs behind it and it stays overgrown. The property owner tries to cut it, tries to keep it up and he’s been trying to do something with it. And he’s been trying to sell it. In fact I advertised my sign down there. Someone put a sign up and I put my sign up right next door to him because it’s a good spot. But it needs, something needs to happen. We don’t need to let it sit and continue to do nothing. Now I think we ought to put a restriction on what he does or the way he does it. I don’t think he ought to just put a tin roof up there and call it a stand. I think he ought to be made to do it in a way where it’ll be professional and it looks good. I think it would be an enhancement he’s got room for people to get in off the road out there. And if he doesn’t make it then we ought to do the same thing, revert back to what it, what it is now. But it’s probably been there for some years. I know for the last fifteen maybe twenty years there’s been nothing there. And he’s done tried like Mr. Patty said he’s been here before to try and get it zoned to do something there. And I don’t see anybody objecting Mr. Mayor to doing it and I think he ought to be given a shot. I’m going to make a motion to approve it. If I get enough votes to do it I don’t know but --- 27 Mr. Johnson: I second it. Mr. Mayor: Okay, we have a motion that’s been properly seconded. And can we hear from the applicant? Is the applicant here? Mr. Johnson: Any petitioners we have here. Mr. Speaker: My name is Warren Taylor. I live at 2717 Lakewood Drive Augusta Georgia. I’m a retired US Postal employee, disabled and I’ve owned the property for seven years. When I did retire I tried to convert it a vegetable stand. The community supported me I got over 66 signatures. People living on Kissingbower and around Kissingbower said that they would like to have a fresh vegetable market again. We used to have one on the corner of Milledgeville and Kissingbower and now we would like to have one again. And under the Special Exception rule if I would be granted that --- Mr. Mayor: I’m letting you finish and then I’ll --- Mr. Taylor: Under the Special Exception rule the following special exceptions may be permitted in any zone where any such use are deemed essential or desirable to the public at the public convenience or welfare and are in harmony with the various elements and objectives of the master plan. So I have 66 signatures that people do want a fresh vegetable market in that community again and I hope I can get the support of the Commission. Mr. Mayor: Thank you, sir. And I know that Commissioner Williams wants to amend his motion. Mr. Williams: Yeah, I want to amend my motion to approve it but if it ever sold or changes, it reverts back to the present zone that it is now. Mr. Mayor: Okay, is the seconder of the motion okay with that? Mr. Johnson: Yes. Mr. Mayor: Okay. Mr. Russell. Mr. Russell: You know very seldom speak in favor of any of these but in this particular case given the recent information we’ve had about the lack of fresh vegetables, the lack of food like that in our neighborhoods I think this would be a nice start attempting to do that. And with the reversion clause it looks like a win, win to me and I would suggest that we look at that very seriously. Mr. Mayor: I completely concur with you. Commissioner Smith then Commission Fennoy then Commission Jackson. Mr. Grady Smith: That’s my old stomping grounds down in that area. What side of the street going south are you going to be on? 28 Mr. Taylor: I’d be on the left hand side going south. Mr. G. Smith: Okay, on the Minnick Park side right? Okay, next to Darlington Drive? Mr. Taylor: No, not quite next to Darlington Drive. It’s sort of like next to the park. There’s a property for sale in between my property and the Minnick Park. Mr. G. Smith: Maybe we can get the kids to start eating fresh vegetables (unintelligible) candy. Mr. Mayor: Commissioner Fennoy. Mr. Fennoy: Yes, Mr. Warren? Mr. Taylor: Taylor. Mr. Fennoy: Mr. Taylor, I’m sorry. What type of structure will be there to display your vegetables? Mr. Taylor: I’ve seen some of the places or some of the little buildings that they have at Lowes that you know have the, they look like little barns. And I was trying to put something like that there on a foundation and just have it where it’s enclosed like that. Mr. Fennoy: Okay. Thank you. Mr. Mayor: Commissioner Jackson, did you? Mr. Jackson: Mr. Taylor, are you going to have green peanuts by the bushel? Mr. Speaker: How about collards? Mr. Jackson: Okay. And collards, right? When the season’s right. Thank you. Mr. Mayor: Okay, do we have any objectors here? Okay. 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: Madam Clerk, next agenda item, please. The Clerk: PUBLIC SAFETY 29 41. Motion to repeal the RFP for ambulance service and discuss the RFP process. (No recommendation from Public Safety Committee May 13, 2013) Mr. Mayor: Commissioner Williams. Mr. Williams: Yes, Mr. Mayor. We’ve been talking about this RFP process and this ambulance service and all that for quite some time. And I’ve got a copy in my bag and I’m . really not in agreement as to the wording and the things that we have sent out forWhat I want to do I want to make a motion to reject all bids and establish an EMS Board an renegotiate with the present contractor that we have now. Mr. Grady Smith: Second. 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. Ms. Davis, Mr. Jackson, Mr. Donnie Smith, Mr. Williams and Mr. Grady Smith vote Yes. Mr. Fennoy, Mr. Johnson, Mr. Mason and Mr. Guilfoyle vote No. Motion Fails 5-4. Mr. Mayor: Commissioner Williams. Mr. Williams: Mr. Mayor, I want to add this back to the next agenda item. Mr. Mayor: The next committee cycle. Correct? Mr. Williams: Yeah, yeah, the next committee cycle we’ll take it, we’ll put it back. Mr. Mayor: Thank you, sir. Mr. Williams: We can dance all night if you want to. Mr. Mayor: All righty, Madam Clerk, next agenda item, please. The Clerk: PUBLIC SAFETY 42. Motion to approve employing a conflict defender(s) for the misdemeanor courts beginning Monday, May 6, 2013, as required by the recent opinion of the Georgia Supreme Court. (No recommendation from Public Safety Committee May 13, 2013) Mr. Mayor: Commissioner Smith, I think you had --- Mr. Donnie Smith: Yes, sir. Mr. Mayor: Go ahead. 30 Mr. D. Smith: Yes, Mr. Chairman, thank you. Mr. Russell has provided some emergency funds to get this through the process. We, I had spoken with Jack Long and with Ms. Mason from the Public Defender’s Office and they are in agreement to provide us with some information in the next 30 days. And they are not, they are in agreement for us to move this to the committee and we can rectify it then. It’s just a matter of some fact finding. Mr. Mayor: Would you like to make a motion to --- Mr. D. Smith: Yes, I’d like to make a motion that we --- Mr. Mayor: --- to put it back on the next committee meeting? Mr. D. Smith: --- move this to the next. She said she needed 30 days so we’ll need a committee day 30 days from now. But they’re in agreement to work with us. Mr. Mayor: Okay. Do we have a second on that? Mr. Guilfoyle: Second. Mr. Mayor: Commissioner Fennoy. Mr. Fennoy: I’d like to ask our Attorney the recommendation by the Georgia Supreme Court. Is it our responsibility to act on the Georgia Supreme Court’s recommendation and what happens when we do not go along with the recommendation of the Georgia Supreme Court? Mr. Russell: It’s not really a recommendation, sir, it’s a mandate that they’ve established to provide, what they’re basically doing and I don’t want to trespass on the lawyer --- Mr. Fennoy: And I, I mean I, you know what, yeah --- Mr. Russell: --- but what they’ve done is say that they’re treating our public defenders as you would a private law firm. So if they had two people that they’re representing, two separate cases they’d need an outside attorney to do that. We provided some money to get a conflict attorney on payroll right now, on contract. That’s a stopgap measure so the 30 days if you want to look at the numbers that’s fine but at the end of the day we really don’t have any choice at all. I mean that’s the bottom line. Mr. Fennoy: And I guess, that’s fine the question that the Georgia Supreme Court saying that we must do this what’s the problem? Mr. Russell: The only issue, what we’ve got is the financial impact of about $120,000 dollars. We do not; we’ve got one contract already established. That’s an up to number. It might be less than that it might be a little bit more but we thought that would get it through that and that’s why you’ve got that number in front of you. Commissioner Smith apparently has 31 some further questions that our public defender might be able to answer in committee but I don’t know at this point. th Mr. Fennoy: And if the Georgia Supreme Court says beginning Monday May the 6 we th should have this place Monday May the 20 and we still haven’t, don’t have it in place what are the repercussions? Mr. Russell: What I did, sir, is take the liberty of authorizing an emergency contract th which was in my authority to authorize to meet that need. So as of the 6 we did have a contract lawyer on contract that could handle these. That was a stopgap measure to keep us in compliance with their regulation. What you’ve got now is the follow up on that to get the additional attorneys necessary to carry us through the rest of the process. But I did take the liberty of doing that because as I just said it wasn’t a request it was a demand that we had to fulfill. That’s why we did it that way, sir. Mr. Mayor: Okay. Commissioner Guilfoyle. Mr. Guilfoyle: Thank you. This question is for the Administrator. Mr. Fred. Mr. Russell: Yes, sir. th Mr. Guilfoyle: As far as what the court’s ruling is and it had to effective May 6, why are we procrastinating for 30 days? Regardless we’re going to have to pay for it either now or later. The money does not change it. Would that be correct to say? Mr. Russell: Potentially there might be some change in the fees or whatever. I think that’s a question, we gave you a number that we anticipated. We might be able to give you a better refined number in 30 days but that’s more of a question for Commissioner Smith. Mr. Guilfoyle: This $120,000 is just a budget number. If they don’t use all of it, it get’s reverted back to the city. Would that be correct to say? Mr. Russell: That’s correct. Mr. Guilfoyle: Okay, so it doesn’t matter what kind of negotiations what kind of, how far we procrastinate it we’re still going to have to fund $120,000 dollars that they use the money so be it. If they don’t use the money, it comes back to us. Mr. Russell: Once again let me suggest, let me tell you that that’s a number that we estimated on basically that we’re pretty comfortable with but we might be able to give you a better number after some actual negotiations with the Attorney. And I think that’s the, well I’m not going to speak for Commissioner Smith but that was what I assumed we were trying to do here. Mr. Guilfoyle: Thank you, sir. 32 Mr. Mayor: Commissioner Smith. Mr. Donnie Smith: For my colleagues let me try to make this clear. We have to abide by the Supreme Court ruling. What we don’t know is how many conflict cases we have. And I have simply asked for the Public Defender to tell us how many conflict cases we have as opposed to us writing a blank check or a check for $120,000 dollars is that she provide us a number of conflict cases that she has and then we can either decide to bid this out as each case comes about and pay an attorney or are we better off served by giving her a block of money for her to use during the period. And she and Mr. Long, her counsel, and Freddy Sanders from the indigent defense have agreed to come back and provide us that information so we can make an informed choice so we’re not paying for something that we don’t have to pay for. And Fred has provided the money to take of this on an emergency basis while Ms. Mason gets the information back to us. So nobody’s denying the Supreme Court. We’re simply trying to decide how many conflict cases she has. Mr. Mayor: Commissioner Mason. Mr. Mason: Yes, Ms. Mason. Mr. Mayor: Mr. Mason. Mr. Mason, Ms. Mason. Ms. Mason, Mr. Mason. Mr. Mason: Good to meet you. Yes, great name by the way. Thank you, me too. Now that the pleasantries are over the number of conflict, I mean how does one determine out of the clear blue sky or the air how many cases that, how are you going to do that? Ms. Mason: Well, what we propose to do is probably just do a sample of the 30 days because in the past the area has been a little gray and we have addressed it in our office. And the Supreme Court in the past has held it and you know if everybody pleads guilty, it’s a no harm no foul issue. But with this particular opinion the Georgia Supreme Court is that we can’t look at it at the end. We have to look at it at the beginning and so that’s why we don’t have that information because we’ve always addressed it in our office. So it’s going to take me some time to determine the nature of conflicts. There’s basically two kinds and this is probably way more information then you’re interested in. But there are co-defendant conflicts and there are conflicts that arise because somebody is a witness in one of our cases against our clients but is also our client in another case because we represent them on something totally different. And so that creates another kind of conflict and we just have to figure out how to count all that. Mr. Mason: Well, if I can follow up, Mr. Mayor. Here’s where I’m a little confused at because right now I’m getting caught up in all the minutia. The, first of all you’re talking about a 30-day sampling. To be honest with you I mean you know it could be low this 30 days it could be extremely high which would not be representative of appropriate historical data say a year or so. I mean we, I mean so I’m not sure in terms of the 30 days. So I wouldn’t be overly comfortable about the numbers that you brought back because I mean it’s just that. I mean it’s a sample of 30 days. The next 30 days could be totally different and the following days after that could be totally different. So I guess what I’m saying is that at the end of the day if we’re responsible for doing it anyways and if we’re going to put a number on it if you use that number 33 I think I’m hearing the Administrator say well I mean if it’s used it’s used if it’s not it comes back. That doesn’t stop you from getting the information in the meantime. It seems to me it would be a wise decision to move forward. Ms. Mason: I’m at the Commission’s pleasure. Mr. Mayor: Are you still --- Ms. Mason: I can’t (inaudible). Mr. Russell: Whatever ya’ll would like, gentlemen and lady. We’re both happy with this. Mr. Mayor: Okay, Commissioner Fennoy then Commissioner Williams. Mr. Fennoy: Ms. Mason? Ms. Mason: Yes, sir. Mr. Fennoy: Is it true that regardless of how many cases we have we’re going to pay $60.00 per hour for any court time and $45.00 per hour for out of --- Ms. Mason: If you figure it that’s what you’ve been paying for. The way we figured some of the other contracts in the past that’s what this Georgia Public Defender standard counsel pays on it in court and out of court. That’s also what some of the other counties pay for the way they have their other courts funded. All the, every county is slightly different in the way that they funded their particular court. So it just depends on which county you’re talking about. Mr. Fennoy: So are we trying to negotiate that $60 and $45 dollar fee? Ms. Mason: The issue with that is that is one way to do it is to pay it per case 60 in court and 45 out of court. The problem with that is sometimes becomes unpredictable because cases get continued, people show up for court and that can go on and on and on. So every time somebody shows up for court say (inaudible) call at nine and the lawyer doesn’t leave until noon or one o’clock they would usually bill $60 an hour for every hour they’re in court. So that would be four hours and nothing was accomplished. It’s kind of an apples and oranges. I wish I had a better answer for you but it’s a very hard way to figure it out. There’s several choices. One is the contract which is the most predictable way. The other is the case by case that we talked about which can be a little unpredictable because you don’t know exactly how much it is. And if you don’t, if you say we’ll pay you a flat fee a case you may not be able to get lawyers who will do it for that amount of money. And good lawyers. I mean we want our conflict defenders and our indigent citizens to have good representation. We don’t want the bottom of the barrel certainly. And another way you could do it is let the court appoint it. Well you know that get it completely out of the predictability range. So there’s just various ways. This is just one way and I wish I had a better answer but I don’t. 34 Mr. Fennoy: I’m just trying to figure out the pros and cons of doing the now as opposing doing the 30 days. Mr. Mason: I’m going to do a substitute motion, Mr. Mayor. Mr. Mayor: Wait until I recognize you. Mr. Mason: Yes, sir. Mr. Mayor: Okay, I will recognize you, Commissioner Mason, for the substitute motion. Mr. Mason: I make a substitute motion that we go ahead and pass this at this point. I do believe, Fred, is it possible that if we, well, I’m going to make the motion that we go ahead and approve this. Mr. Mayor: Substitute motion. Mr. Mason: Substitute motion, yes. Is there value at all with this motion to do it contingent upon the sampling coming back at that point? Adjusting as necessary? Mr. Mayor: Mr. Mason: As necessary, as needed. Mr. Russell: If I can, Mr. Mayor, it’s obvious to me that we’re shooting in the dark at this particular --- Mr. Mason: Exactly. Mr. Russell: --- point in time. I would suggest that you let us do this and then let the Public Defender give us some numbers on a 30/60 day basis to see where we’re at and we might be able to adjust it based on that. At the end of the day though after a discussion with her on several occasions I think this is probably the easiest way to do it. Probably the most predictable way to do it and provides the best level of service. I would hate to try and negotiate individually per case or try to figure out who’s going to be there on Tuesday. I’d rather kow that because I would hate to be up before the Supreme Court explaining why we didn’t have somebody there. Mr. Guilfoyle: I’ll second Mr. Mason’s motion. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. This is the same group wanting to know how long we discuss in committee who’s done chewed this thing up one side and down the other one. And they’re saying the same thing. I don’t understand, Mr. Mayor. Ms. Mason, thank you for your information and I’m in agreement with the substitute motion that we go ahead and do this. This is something we’ve got to do. This ain’t a choice. We got to do it. We’re either going to 35 pay it today or pay it tomorrow but you’re going to pay and that’s what the court told us to do. But all this debate now and people don’t want the debate. They don’t want to talk they want (inaudible). Mr. Mayor: Okay we have, okay we have a substitute motion that’s been properly seconded. If there’s no further discussion Commissioners will now vote by the substitute form of voting. Mr. Donnie Smith votes No. Motion Passes 8-1. Mr. Mayor: Madam Clerk, the final agenda item. The Clerk: PUBLIC SAFETY 43. Discuss Fire Department Operations. (No recommendation from Public Safety Committee May 13, 2013. Mr. D. Smith: Mr. Mayor? Mr. Mayor: Yes, sir. Mr. D. Smith: In the, because of the time of the evening and we have families that are I would make amotion to move this back to committee and waiting on us I will get answers at the committee meeting. Mr. Mayor: Do we have a second? Mr. Williams: Second. Mr. Mayor: Is there any further discussion? Commissioners will now vote by the usual sign of voting. Mr. Guilfoyle votes No. Motion Passes 8-1. Mr. Mayor: Mr. MacKenzie? Mr. MacKenzie: We have a need for a very short Legal meeting to address Pending and Potential Litigation. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 36 ADDENDUM Motion to approve going into a legal meeting to discuss pending and potential litigation. Mr. Mayor: Can I get a motion to that effect? Mr. Fennoy: 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. Jackson, Mr. Donnie Smith and Mr. Williams vote No. Motion Passes 6-3. Mr. Mayor: We are in Legal. [LEGAL MEETING] Mr. Johnson: Okay, Mr. Attorney. 46. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia’s Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the Closed Meeting Affidavit. Mr. Mason: So moved. Mr. Fennoy: Second. Mr. Johnson: We have a proper motion and second. And further discussion? Okay now vote by the usual sign of voting. Mr. D. Smith and Mr. Williams out. Motion Passes 7-0. Mr. Johnson: Okay. Mr. Attorney? ADDENDUM Motion to approve adding and approving a Resolution authorizing the settlement of all claims of Larry Ealy in the aggregate amount of $44,000 and authorizing the Administrator to execute appropriate documents to effectuate the settlement. Mr. Fennoy: So moved. 37 Mr. Mason: Second. Mr. Johnson: All right there’s a proper motion and second. And further discussion? Hearing none vote by the usual sign of voting. Mr. D. Smith and Mr. Williams out. Motion Passes 7-0. Mr. Johnson: All right, we stand adjourned. [MEETING ADJOURNED] Nancy Morawski Deputy 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 May 21, 2013. ___________________________________ Clerk of Commission 38