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HomeMy WebLinkAboutRegular Commission Meeting March 17, 2015 REGULAR MEETING COMMISSION CHAMBER MARCH 17, 2015 Augusta Richmond County Commission convened at 2:00 p.m., March 17, 2015, the Hon. Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Sias, Harris, M. Williams, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. Absent: Hon. Davis, member of Augusta Richmond County Commission. Mr. Mayor: All right, we’ll now hereby call this meeting to order. The Chair recognizes Ms. Nancy Morawski. The Clerk: Yes, sir. We’d like to call on the Rev. Gaye Ortiz, Pastor of the Unitarian Universalist Church for our invocation and the Pledge of Allegiance after that. Please stand. The invocation was given by the Reverend Gaye Ortiz, Pastor, Unitarian Universalist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Reverend Ortiz, we have a presentation for you. Ms. Morawski. The Clerk: Yes, sir. Our first item our delegation item A. DELEGATIONS A. Mr. Brad Owens, President Southeastern Filmmakers. RE: Southeastern Filmmakers use of the 600 Broad St. Building. Mr. Mayor: The Chair will recognize Mr. Owens but I do not see him in the audience. We did not see him. Let’s continue to the next one please. The Clerk: DELEGATIONS B. Ms. Brenda Durant, Executive Director Greater Augusta Arts Council. RE: Recent project at the 600 Building. Mr. Mayor: The Chair will recognize Ms. Brenda Durant. Ms. Durant: Thank you very much, Mayor Davis, Commissioners, happy St. Patrick’s Day to all of you. I’m here today to offer you greetings and a sincere thank you from the Greater Augusta Arts Council, your cultural arm. We’re here to thank you for your vision allowing the regional collaborative to program the 600 Broad Street Building as a shared space, a collaborative space, and a site that we now use for numerous meetings and soon a community 1 gallery. As most of you know the Greater Augusta Arts Council does not own its own building we rent an office suite in Sacred Heart Cultural Center which closes at 5:00 p.m. making afterhours access to meetings a challenge. Last year we were awarded a project grant from Georgia Council for the Arts enabling us to survey the Augusta Arts Community and design a series of workshops teaching local artists the business of being an artist. We are pleased to be working with Dr. Tony Robinson, a professor at GRU, who designed our survey and leads the free monthly workshops. So far we’ve covered promoting yourself, improving your professional skills, and coming up includes connecting with funding sources, promoting your art, and collaborating with other artists. We also contracted with the National Arts Marketing Project to bring a free skills workshop about Google advertising including all types of digital media advertising for local arts and cultural organizations. We’ll learn how to deepen our reach in the Augusta market and attract regional attendees to our festivals and attractions. This too will take place at the 600 Building. We’re moving forward on the Traffic Box Project now called Art the Box. We held two artists information sessions last Thursday and the 600 Building is the new home to the Arts in the Hearts steering committee. We met at 600 Broad last Thursday night as well. As part of our community survey we discovered a strong interest in formatting a community gallery. We now have a team meeting at 600 Broad to design an incubator gallery with a plan for a show in June of this year. We have already purchased the hanging system which is in use for another show and we have easels on the way. So again thank you for your vision. We are so pleased to be programming on the 600 block and infusing new life into the other end of Broad Street. Mr. Mayor: Thank you. The Chair will entertain any questions from the Commission. th The Chair recognizes the Commissioner from the 8 Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. Brenda, thank you so much for coming before us again, bringing us some great news and reaching out to the community. I’m glad to see that the 600 Building is being utilized after sitting dormant for so long. And I applaud the Arts Council again. Thank you. Ms. Durant: Thank you. Mr. Mayor: Thank you. The Clerk: DELEGATIONS C. Ms. Heather Milne regarding Augusta Earth Day Celebration. Mr. Mayor: The Chair recognizes Ms. Heather Milne. Ms. Milne: Good afternoon. My name is Heather Milne and I’m representing Augusta Earth Day. It’s a very exciting collaborative day that we are working with the Augusta city, GRU and Phinizy Center for Water Sciences which is out at the Phinizy Swamp Nature Park. Our Augusta Earth Day is based off the worldwide movement which began in 1970 and the mission of the Augusta Earth Day Movement is to promote sustainable living initiatives within 2 the CSRA by encouraging our community to buy local and support to build local. Last year our first event we expected about 1,000 people to come out to the event and we had 2,000 people so this year we are looking at approximately 3,000 people to come out. It is a free day for the community and it is a free day to the vendors by invitation only. We have local businesses, local artists, local food vendors. It’s all about supporting our local community and really encouraging th the people of the community to the same thing. That is scheduled for April the 18 from 10:00 a.m. until 4:00 p.m. We’re grateful to have the Mayor who will be speaking at our address, our welcome address that day and we also have Ms. Azziz and a CEO of the Phinizy Center for Water Sciences, Dr. Oscar Flight. So we encourage you to come out, bring your families have an enjoyable day and support the Augusta Earth Day. st Mr. Mayor: The Chair recognizes the Commissioner from the 1. Mr. Fennoy: How are you doing? Ms. Milne: I’m well, thank you. Mr. Fennoy: Would this event be appropriate for maybe a elementary or a middle school or high school project for a field trip? Ms. Milne: Absolutely, this is a family event for little toddlers up to grownups. Mr. Fennoy: Okay and I guess my next question is whether or not you have notified the Board of Education is aware of this and we are encouraging maybe field trips. Ms. Milne: Absolutely --- Mr. Fennoy: Okay. Ms. Milne: --- we have notified the Board of Education and we have a recycled art project that we’re really hoping to work with the Richmond County School and have the children at their art project. Mr. Fennoy: All right, thank you. Ms. Milne: Thank you. Mr. Mayor: Thank you. DELEGATIONS D. Rev. Christopher JohnsonRE: Support One Love Augusta on behalf of the Augusta’s . Interfaith Coalition. The Clerk: Rev. Johnson contacted our office this morning and he asked that his item be he said he would not be able to make it today and asked that it be deleted from the agenda. 3 Mr. Mayor: Thank you and let’s go back to item A. I do see Mr. Brad Owens who is here at this time. The Clerk: DELEGATIONS A. Mr. Brad Owens, President Southeastern Filmmakers. RE: Southeastern Filmmakers use of the 600 Broad St. Building. Mr. Owens: Thank you, Madam Clerk. Mr. Mayor, Commissioners and guests thank you for your time today. I stand before you as the president of the Southeastern Filmmakers to offer our group a sincere thank you and appreciation for a choice that this body made which has had an amazing and positive impact on our organization and its future in the city. Southeastern Filmmakers started out a little over twelve years ago with a small group of local filmmakers and enthusiasts with the idea that we could help each other with our film projects that we’d like to make. We decided to form a group to meet once a month where we could network, share our ideas and collaborate on our film projects. And so Augusta Film was born with a little under twenty members but big dreams about making plans for the future of independent film and film making in Augusta. Over the past twelve years our group has grown to over 500 members and expanded with regional chapters in Atlanta, Columbia and Charleston. So hence the name change from Augusta Film to Southeastern Filmmakers. The way we structured the group was that the group itself doesn’t make movies but our members make movies. We don’t charge dues because we didn’t want to exclude anybody due to economics and we made a secondary focus something that we noticed that we had to have. Education of movie crews so that the group can help raise the quality of local productions. The group’s members have achieved many things over the past few years. We have over a dozen feature films some of them are even in national distribution with TRISTAR Pictures, Forbes Film one of our local members did that. Countless shorts and movie videos, we even have an annual film festival that’s hosted at the Imperial Theater that we help sponsor and host. There’s many audio visual productions that take place. In short our group makes movies and our group does work. Most recently our group supported the production of the Richmond County Sheriff’s Office Recruiting Video which was done by one of our members, Reflecting Pool Productions. The owner of Reflecting Pool Productions Mark Crump stated “without the Southeastern Filmmakers we would not have been able to make the quality of video that we did”. Many productions that are done by members using the group’s network helps lower the cost through pooling of resources and talent. We help and fill gaps that productions need so that they can be made. And that brings me to why I’m here today and why I’m standing before you. Last year Southeastern Filmmakers voted to apply for an office space at the 600 Broad Building with the Augusta Regional Collaboration. This was a big step for us but we wanted a permanent meeting space for our monthly networking meetings and a place to hold educational training in different areas of movie making we wanted to focus on. You all have made that possible. The vision you know Steve Jobs’ quote it’s called vision because not everybody can see it. You know it took a condemned building that had been empty for half a decade downtown, it took a $200,000 grant from Starbucks coupled with a $100,000 dollars of our money and the county and reinvested it in this building. It’s an absolute good. The returns that you all are going to get on that small amount of money you’ve invested in this are already starting to show up. Our group’s already growing, there’s a production company looking at 4 coming in and the central business district needs to be the hub of arts and culture in our community. And that leads me to where I’m at right now. What we would like propose with the Commission is that you take a look on the state level at the economic impact of film making. This year $800 million dollars will be spent in this state. It’s created over 11,000 permanent full time jobs since 2005. That’s from the economic report released by the State Film Commission related to this. I know that the economic incentives that were put in place by the state helps spurn all this growth. We went from maybe two major productions a year to now almost 16 a year in Georgia but Augusta gets very, very little of that business. Imagine if we could just chip off one percent of that $800 million and have an $8 million dollars boost down here, create a couple hundred new high paying jobs. It’s possible and we believe we can do it. Our mission statement as a group says that we promote communications between local filmmakers offering network gatherings. Southeastern seeks to improve the production value of local films by conducting educational activities and providing connections to production resources. And the third is Southeastern Filmmakers actively promotes our area to the film industry. We would ask that you as a group as a body maybe through the Mayor’s film office, maybe as a Commission to consider allowing us to market or at least give us empower us to write a plan on how to market our city to the production industry outside. I talked to the Mayor; he’s open for discussions. I’ve discussed it with several Commissioners individually but we would like to begin the process of a dialog between our organization and the county if you all would like to see it happen where we could go out and at no charge to the city, we have people volunteering to do this, create a marketing plan that’s specifically targets film and audiovisual production in the state of Georgia to bring it here. So today I’d like to say thank you for the 600 Building because without it we wouldn’t be able to take this next step and hope that we can begin talking about a partnership between the city and us so that we can fulfill our potential in this industry. And I’ll take any questions. Mr. Mayor: The Chair recognizes Commissioner Hasan. Mr. Hasan: Thank you, Mr. Mayor. Mr. Owens, a great job to bring us up to speed in terms of one of the things that this government and this governing body has been able to do and assist you all in your endeavors there. But in terms of marketing us will be get the last say so in whatever you put together and package and how you identify us to the world at large I would say? Mr. Owens: Yes, sir, the idea was is that we wanted to approach the Commission and just ask for empowerment to write the plan and then we would bring it back to you through the appropriate process probably the Administrative Services Committee or whatever Legal counsel says it should go. With the proposed teaming agreement between our non-profit organization and the Commission or the county government you would say yes to the plan and we would do it for you is the way I would envision it would work but again that has to go with legal counsel, we’d have to talk about it. But yes, sir, absolutely. I would ask you to take a look at the Sheriff’s Recruiting Video if you have it to see the type of stuff we can do to market the city when we put our minds to it. 5 Mr. Hasan: Just to follow up, Mr. Mayor. Yeah, I think Commissioner Williams did see it he had a very interesting comment about it. But anyway we did see it and we enjoyed it for the record. And once again you did make mention there’s no cost to the city in doing this right? Mr. Owens: No, sir, well, I’ll correct you on that. You’re making available the 600 Broad Building is your contribution to this. That would be considered your in-kind contribution to us, through us. Mr. Hasan: Thank you very much. Thank you, Mr. Mayor. Mr. Mayor: The Chair recognizes Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Brad, I want to applaud you and Southeastern Filmmakers for the obvious job that you’ve done and you will do in the future however I think it would be advantageous to you and your group if you not only just communicate with several Commissioners but you need to converse with all the Commissioners. And I’ve known you for a while and you and I haven’t discussed that so I look forward to a discussion with you. Thank you, Mr. Chairman. Mr. Mayor: The Chair recognizes Commissioner Fennoy. Mr. Fennoy: Yes, Brad, I also applaud you for the efforts that you’re doing. Right from Augusta out in California there’s a young man out there named Carl Rogers. Carl Rogers is a graduate of A.R. Johnson. He’s also a graduate of Georgia Southern, worked for a couple of years at one of the plants down on Lover’s Lane and he had a wild idea to go out to California to become a filmmaker. And I forgot the name of the film that he had produced but he is now one of the leading filmmakers in the industry. My encouragement to you is again to get the young folks involved in the filmmaking industry and also to get I know Carl’s father personally, Leroy Rogers, get with Leroy Rogers to get a hold or call to see if he can lend some ideas and support to what it is you’re trying to do. Mr. Owens: Yes, sir, that’s a good idea and I’d like to add that there’s been productions locally. We have seen a little bit. The most notable would probably be Who’s Your Caddy. It was filmed in Aiken and our group acted kind of what like a film commission would we helped with logistics getting the roads blocked where they wanted to film in Augusta and things like that. So we’ve seen some production stuff here that’s related to that, some of the bigger Hollywood stuff. But I’ll tell you what Georgia’s done their part. The state’s done all the heavy lifting and there’s no reason why we shouldn’t be able to go out and get a piece of that pie and bring it to Augusta. And I would say this too when it comes to communication you know there is a there is a network here. We’ve got dozens and dozens and dozens of people with a lot of experience and they’re all ready to pool their resources and make this happen. And we will reach out to anybody who we think can help, yes, sir. Mr. Mayor: The Chair recognizes Commissioner Guilfoyle. 6 Mr. Guilfoyle: Thank you, Mr. Mayor. Brad, thank you for doing your presentation before us. And I don’t know if my colleagues realize I know that Mr. Fennoy has seen it when we had our CVB meetings. They have actually worked with the entertainment film section part of the industry and I did not know if you was aware to work in collaboration. It’s a lot easier to work together than separate. Mr. Owens: Yes, sir, Commissioner Guilfoyle, Mr. Chairman this is we had conversations with the different development agencies and we’ve also worked directly with Jennifer Bowman at the CVB to try to bring productions here. And literally we came this close last year we almost had one this past summer. It was about a half million dollar one that wanted to come here but we just couldn’t quite get the answers to their questions to remove the risk on a paid production. This is what we’re kind of talking about is building that plan but we already work with them and we’ll always work with them. We’ve talked to Walter Sprouse from the Development Agency and you all should see this as what it is. It’s entertainment, yes, but it is a very powerful economic development tool so we want to work with anybody and everybody and I think that’s a good idea would be to put a collaboration together and bring all those partners in for economic development and see what they have to help with us as well. I think it’s a great idea. Mr. Guilfoyle: Mr. Mayor, may I follow up, sir? Mr. Mayor: Certainly. Mr. Guilfoyle: Thank you. Brad, last time I heard somebody say barely had it like that that was the winning lottery ticket for me last year by the way. But, Mr. Mayor, I would like to see how we could proceed forward on Brad’s wishes. I don’t know it if takes action from this body or just the Mayor himself proceeding forward. Mr. Mayor: Well, I appreciate that question Commissioner Guilfoyle. I think that Brad has approached us with information that is relevant. It’s certainly something that there’s been a lot of discussion about in terms of arts, culture and entertainment in and around Augusta. It’s an item that we’re receiving today as information, but I think here in the next several days I think we should form a caucus and move forward with a plan. Mr. Owens: Mr. Mayor? Mr. Mayor: Yes, sir. Mr. Owens: And I’d like to add our monthly meeting is tonight that the 600 Broad Building. We have from 6:30 to 7:00 there’s a social get together then from 7:00 to 8:00 we have our formal meeting. There will be a lot of stuff going on at the 600 Broad Building. If you wonder where your money’s been invested the public money that you decided come look at it tonight. I think you’ll be impressed with what has been done with that money in the ARC. Mr. Mayor: The Chair recognizes Commissioner Lockett. 7 Mr. Lockett: Thank you, Mr. Mayor. You know all definitely put forth a coordinated effort. I haven’t heard 600 Broad Street mentioned so many times at once and that’s today. Mr. Mayor: Thank you, Brad, we appreciate your time. Mr. Owens: Thank you, Mr. Mayor. Thank you. Mr. Mayor: All right, St. Patrick’s Day, there’s parade going on and I know there’s many of you in the audience who want to get there as well as on this podium. All right, Ms. Nancy, on to the consent agenda. The Clerk: Our consent agenda consists of items 1-29. And under the Planning portion I’ll read the Planning petition and if there are any objectors would you please signify your objection by raising your hand. Item 2: Is a petition to approve with the conditions listed a petition by COEL Development Co. for a Special Exception to establish a recreation facility for the Hayne’s Station Subdivision located on property adjacent to Copse Drive and Hayne’s Station Drive. The Clerk: Are there any objectors to this Planning petition? None noted, Mr. Mayor. Mr. Mayor: Continue. The Clerk: And under the Public Services portion of the agenda I’ll read the alcohol license applications and if there are any objectors would you please signify your objection by raising your hand. Item 3: Is a request for a Special Events Alcohol license for April 6 thru 11 to be used in connection with Wild Wings Café located at 3035 Washington Road in the parking lot. Item 4: Is a request for a Special Event Alcohol license to be used in connection with Hooters of Augusta for April 6 thru April 12 in the parking lot. Item 5: Is a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with Mitty’s located at 1082 Bertram Road. Item 6: Is a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with Fuse Restaurant located at 1002 Broad Street with Sunday Sales. Item 7: Is a request for an on premise consumption Beer 7 Wine license to be used in connection with The Men’s Refinery Barber Spa & The Inside Drive located at 953 Jones. Item 8: Is a request for an on premise consumption Liquor, Beer & Wine license to be used in connection with Sharifa’s Hookah Bar & Lounge located at 726 Broad Street with Dance. The Clerk: Are there any objectors to any of these alcohol petitions? None noted, Mr. Mayor. So our consent agenda is items 1-29. Mr. Mayor: Are there any motions to pull or add to the consent agenda? The Chair th recognizes the Commissioner from the 8. 8 Mr. Guilfoyle: Thank you, Mr. Mayor. Madam Clerk, just for a point of clarity I had an email from Ms. Bonner yesterday for item number 29. You have Brad Kyser and it should be Brian Kyser. The Clerk: Brian? Mr. Guilfoyle: Yes, ma’am, Brad is now retired and his son. The Clerk: Okay, we’ll make that correction. Mr. Guilfoyle: Thank you. st Mr. Mayor: The Chair recognizes the Commissioner from the 1. Mr. Fennoy: Yes, I’d like items 6, 7 and 8 pulled from the consent agenda please. th Mr. Mayor: The Chair recognizes the Commissioner from the 4. Mr. Sias: Thank you, Mr. Mayor. I just need a clarification on item 4. When you look at item 3 and item 4 they’re both parking lot Special Event and item 4 goes through Sunday. And the question is from License and Inspection or someone would they be operating selling alcohol in the Sunday morning prior to one p.m.? Mr. Mayor: The Chair recognizes Mr. Sherman. Mr. Sherman: Which item? Mr. Mayor: Item 3 and 4. Mr. Sherman: Three and four. Okay, three and four are Special Events and this occurs annually at the restaurants out on Washington Road where they set up a tent in the parking lot. So they take out an additional alcohol license so that they can be in compliance with the codes. The hours of operation will be the same as for any alcohol establishment 2:30 and 3:00 o’clock in the morning. Mr. Sias: And on a Sunday morning item 4 will they have to wait until 1:00 p.m.? Just for clarity. Item 3 did not request Sunday item 4 did. Mr. Sherman: Okay, number three did not number four so that just means they will not sell on Sunday the one that didn’t include it. Mr. Sias: Okay. Mr. Sherman: Was that your question? 9 Mr. Sias: My question is on item 4 will they be selling Sunday morning prior to 1:00 p.m.? Mr. Sherman: They can sell until 2:30. Mr. Speaker: No, he meant starting in the daytime. Mr. Sias: Starting in the daytime. Mr. Sherman: All right, say that question. Mr. Sias: Normally on alcohol sales when like you’re picking up the alcohol to go that’s 1:00 p.m. Mr. Sherman: Can they sell before 7:00 in the morning, no. Mr. Sias: Okay, they can’t. Mr. Speaker: Current state statutes say you can start selling at 12:30. Mr. Sherman: On Sunday being a restaurant they can sell inside their building starting at 12:30. Mr. Sias: Understood but we’re talking about the parking lot for the Special Event. Mr. Sherman: If they didn’t apply for Sunday sales for that parking lot for the Special Event, they will not be able to sell in the tent. Mr. Sias: Okay, that was the question. th Mr. Mayor: The Chair recognizes the Commissioner from the 9 Commissioner M. Williams. Mr. M. Williams: Thank you, Mr. Mayor, I want a couple pulled but Rob before you leave I think my colleague may not have a clear answer. I think what he was asking was even thought they can over beginning sales on Sunday for the one who did apply, what time can they begin to sell outside for the Special Exception? Mr. Sherman: On Sunday? Mr. M. Williams: On Sunday. Mr. Sherman: 12:30. Mr. M. Williams: 12:30, okay. 10 Mr. Sherman: To go back to what Commissioner Sias’ had asked if I could because Larry mentioned to me that there was an error on our part. We didn’t include it but they did apply for seven days so it should have included Sunday. Mr. M. Williams: Okay, so they’re both --- Mr. Sherman: For the same period of time. Mr. Sias: So we need a correction on that. Mr. Sherman: Yes. Mr. M. Williams: --- and that’s an every year occurrence is that right, Rob? Mr. Sherman: Every year they come back and reapply. Mr. M. Williams: Right, I mean that’s --- Mr. Sherman: These are businesses that generally do apply. Mr. M. Williams: Mr. Mayor, I wanted to make a couple pulls. I’d like to pull item 1, let me make sure now. Item 1 and 2, item 1 and 2 and I think they’re companion items. Also item 25 I need to get some clarity on that one as well. Mr. Mayor: Is that it, Commissioner? Mr. M. Williams: Yes, I think so. Item 22 as well. Mr. Mayor: You would like 22 as well? Mr. M. Williams: Right one, two and twenty-five, twenty-two and twenty-five. Mr. Mayor: Nancy, do you have that? One, two, twenty-two and twenty-five. Mr. Mayor: Are there any other motions to pull? There being none we need a motion. Mr. Sias: Are you going to check on the adds? I asked that as well. Mr. Mayor: Any motions to add? Mr. Sias: Move to approve the consent, Mr. Mayor. Mr. Lockett: Second. CONSENT AGENDA PUBLIC SERVICES 11 3. Motion to approve a request by Jan Scholer for a Special Events Alcohol license for April 6 thru April 11, 2015 to be used in connection with Wild Wings Café located at 3035 Washington Rd. (In the parking lot). District 7. Super District 10. (Approved by Public Services Committee March 10, 2015) 4. Motion to approve a request by Brett Althoff for a Special Event Alcohol license to be used in connection with Hooters of Augusta for April 6 thru April 12, 2015. (In the parking lot). District 7. Super District 10. (Approved by Public Services Committee March 10, 2015) 5. Motion to approve New Ownership Application: A.N. 15-12: request by Kirk Daniel for an on premise consumption Liquor, Beer & Wine license to be used in connection with Mitty’s located at 1082 Bertram Rd. There will be Dance. District 7. Super District 10. (Approved by Public Services Committee March 10, 2015) 9. Motion to approve a Resolution urging the United States Congress to extend authorization for federal funding (through the National Park Service) for the Augusta Canal National Heritage Area through 2021. (Approved by Public Services Committee March 10, 2015) 10. Motion to approve a request by Diana Craft for a Therapeutic Massage Operators License to be used in connection with The Men’s Refinery Barber Spa located at 953 Jones St. District 1. Super District 9. (Approved by Public Services Committee March 10, 2015) ADMINISTRATIVE SERVICES 11. Motion to approve the 2015 annual bid award for various departments for the purchase of annual bid items. The following annual bid items require the Commission approval: 15- 113 Vacant Lot Cleaning Services-Environmental Services Department; 15-035A Rental Uniforms-Environmental Services Department. (Approved by Administrative Services Committee March 10, 2015) 12. Motion to approve and update Augusta, Georgia DBE Program for federally assisted contracts in order to comply with the Department of Transportation’s program and update DBE rule 49 CFR Part 23. (Approved by Administrative Services Committee Marcy 10, 2015) PUBLIC SAFETY 13. Motion to approve the purchase of equipment racks to facilitate the installation of communications equipment, servers and the demarcation of transmission media. (Approved by Public Safety Committee March 10, 2015. 14. Motion to authorize the Augusta Fire Department to receive payment from Aiken Tech for its use of a Fire Department facility and 9 instructors to put on a live fire training last October in the amount of $2,370; and approve the Fire Department request for a budget amendment to the 2015 budget that will allow the Fire Department to utilize these funds to purchase smoke alarms that will be installed in citizen homes free of charge upon request. (Approved by Public Services Committee March 10, 2015) ENGINEERING SERVICES 15. Motion to authorize condemnation to acquire title of a portion of property for right of way, permanent easement, temporary easement for construction, and temporary driveway 12 easement (Parcel 041-0-018-04-0) 3449 Wrightsboro Road. (Approved by Engineering Services Committee March 10, 2015) 16. Motion to authorize condemnation to acquire title of a portion of property for right of way, temporary construction easement, and one driveway easement (Parcel 018-0-115-00- 0) 374 Heath Drive. (Approved by Engineering Services Committee March 10, 2015) 17. Motion to authorize condemnation to acquire title of a portion of property for right of way, temporary construction easement, and one temporary driveway easement (Parcel 018- 4-062-00-0) 425 Berckmans Road. (Approved by Engineering Services Committee March 10, 2015) 18. Motion to authorize condemnation to acquire title of a portion of property for right of way, temporary construction easement, and one temporary driveway easement (Parcel 018- 4-060-00-0) 2703 Margate Drive. (Approved by Engineering Services Committee March 10, 2015) 19. Motion to authorize condemnation to acquire title of a portion of property for right of way, temporary construction easement, and one temporary driveway easement (Parcel 018- 4-059-00-0) 2705 Margate Drive. (Approved by Engineering Services Committee March 10, 2015) 20. Motion to authorize condemnation to acquire title of a portion of property for right of way, temporary construction easement, and one temporary driveway easement (Parcel 018- 4-057-00-0) 2709 Margate Drive. (Approved by Engineering Services Committee March 10, 2015) 21. Motion to authorize condemnation to acquire title of a portion of property for right of way, temporary construction easement, and one temporary driveway easement (Parcel 018- 4-058-00-0) 2707 Margate Drive. (Approved by Engineering Services Committee March 10, 2015) 23. Motion to approve funding to Wachs Water Services in the amount of $249,980.00 for the fees associated with performing an Evaluation & Repair of various valves and hydrants within the Augusta Utilities water system. RFP 14-237 (Approved by Engineering Services Committee March 10, 2015) 24. Motion to approve the notification of award for a construction contract to Blair Construction for construction of the Broome Road 8” Water Main Project in the amount of $245,943.34. Bid item #14-244. (Approved by Engineering Services Committee March 10, 2015) PETITIONS AND COMMUNICATIONS 26. Motion to approve the minutes of the regular meeting of the Commission held March 3, 2015 and Special Called meeting held March 10, 2015. SUBCOMMITTEE Pension Committee 27. Motion to approve the Georgia Municipal Employees Benefit System Defined Benefit Retirement Plan – An Ordinance and Adoption Agreement for Augusta, Georgia (GMEBS Plan I) (Amended Effective March 17, 2015). (Approved by Commission in meeting March 3, 2015 – second reading) APPOINTMENTS 13 28. Motion to approve the appointment of David F. Scott to the Richmond County Library Board of Trustees representing District 10. 29. Motion to reappoint Brian Kyser to the General Aviation Commission – Daniel Field representing District 8. Mr. Mayor: Voting? Motion carries 9-0. [Items 3-5, 9-21, 23, 24, 26-29] Mr. Mayor: All right, so --- The Clerk: PLANNING 1. FINAL PLAT – HAYNES STATION, PHASE 5 – S-851 – A petition requesting concurrence with the Augusta Georgia Planning Commission to approve a petition by Cranston Engineering Group P.C., on behalf of COEL Development Co., requesting final plat approval for Haynes Station, Phase 5. This residential subdivision is located off Pullman Circle, adjacent to Hayes Station, Phases 2 and 3 and contains 60 lots. DISTRICT 3 2. Z-15-07-sp – A petition requesting concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by COEL Development Co. Inc. requesting a Special Exception to establish a recreation facility (swimming pool) for Hayne’s Station Subdivision per Section 26-q(i) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately 2.76 acres beginning at a point located on the northwest right-of-way line of Copse Drive 102 feet, more or less, west of where the centerline of Hayne’s Station Drive intersects-part of Tax Map 064-0-008-00-0 – DISTRICT 3 1. The proposed construction shall be limited to the structures shown on the site plan, submitted on 2/02/2015. General maintenance and repairs will be applicable to related provisions in the zoning ordinance. 2. Provide proper enclosure of the pool area as required by state, which shall be no more than 4 feet in height and comprised an iron or vinyl material that aesthetically complements the style of the proposed facility. th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I asked for this item to be pulled along with item 2 I think they’re kind of companions here. The space or the length of the area that the traffic will be going through and the Planning I think Ms. Wilson you said was 28 feet. Is that right? Ms. Wilson: The first request was a variance of the street widths to go from 31 feet to 28 feet. It’s 28 feet of back of curb pavement and the city engineer’s also here to answer any detailed questions. 14 Mr. M. Williams: Okay and I know you mentioned that they may be able to add some parking that’s why I pulled item 2 to that to around the swimming area that they’re asking for a Special Exception on. But these roads are turned over to the city to maintain and to operate is that going to be among the standard that we have already set forth. And I know we allowed some apartments or some areas to be built with a limited amount of space. My question is once they turn it over to us, how can we maintain them as far as fire equipment going down these streets? I know we’re going to put up signs that say no parking, but you know a sign is only as good as the people that’s going to obey the signs. Ms. Wilson: Well, I will let you know that as part of the subdivision variance process we do send the plans out to all of the departments and fire the fire department is one of the departments that review’s the street standards to see if their equipment can get through. I do know too that the width of 28 feet is a little bit wider than actually what the norm is that they can get a fire truck through. I’ll let the city engineer if he’s here he’s probably got a little bit more detailed information. But I just wanted to assure you that the fire department has done a review of the final plats and that’s part of the process that we use. Mr. M. Williams: Ms. Wilson, I appreciate that but I’m just going over some histories that I’ve got here that we have approved and made changes. I know item 2 asked for a Special Exception but we are lowering, are we not, the regular standard for that street? Are you saying that’s the norm? Ms. Wilson: What I’m saying and I’ll let the engineer go into more detail about it but the current standard that has been used in 31 feet of pavement. The request was for 28 feet back of curb that’s curb to curb pavement and we sent that over to the Engineering Department and they are also one of the reviewing agencies and they give us feedback on whether that’s acceptable or not. The city engineer can talk a little bit more about the historical pieces of it because of course I don’t have that history but I’m sure he can elaborate more on that. Mr. M. Williams: Mr. Mayor, (inaudible). Mr. Mayor: Yes, sir. Mr. M. Williams: Mr. Ladson? Mr. Ladson: Yes, Mr. Mayor and members of the Commission, and according to what the Planning Director said if you have a 28 feet roadway back to back, back to back curb you basically have like a 12 feet width with through traffic going both ways. And which also gives you a foot and a half on in addition to that. So the standard width of a lane even for your freeways is 12 foot. So that meets you know, there is some things we have to go back and do in our standards that we have to change. Mr. M. Williams: And, Mr. Ladson, I can’t put on an engineering hat. I put on an attorney hat some time but I can’t put the engineering hat on, it won’t fit me. But I’m trying to figure out if we’ve got the room for the cars where are the pedestrians, where are the people going to be if that’s what you just stated there’s room enough for a car. Now we ain’t building 15 this for cars we’re building it for people, right? So where would the people be is there going sidewalks on both sides or one side or because I’m hearing you say that the lane is that. Mr. Ladson: Well, I think the question is based on whether it’s you have enough lane width back to back curb and I’m telling you, you do. The standard even from the federal standards is you know you can have 12 foot lanes. Mr. M. Williams: Because one would assume that if you’ve got that much lane you’ve got the rest of the room from that point back to the yards it’s not sufficient enough room for people to get there. But if a car parks there, you know, and I’m sure you know you can get by with one but if two parks -- Mr. Ladson: If you have two cars parked one on the other and one of the other side and you can have heavy vehicles going through there with no problem. Mr. M. Williams: Okay, all right I’m just asking the question. Mr. Ladson: I mean there’s some things we need to change in our standards but that’s normal. If you go on the federal highway manual 12 foot lanes is the maximum that you normally have. And you actually get down depending on what the traffic volume is you can get down to nine. Mr. M. Williams: You make the big bucks I just get the criticism. I ain’t got no problem with that. Mr. Mayor I make a motion to approve it since the Engineering and the Planning and Zoning Director says it’s in order. Mr. Sias: Second. Mr. Mayor: We have a motion and a second. Voting. The Clerk: Is that one and two, Mr. Williams? Mr. M. Williams: Yes, ma’am, one and two. The Clerk: Thank you. Ms. Davis out. Motion carries 9-0. Mr. Mayor: And again that’s items one and two rolled for rolled up. The Clerk: PUBLIC SERVICES 6. Motion to approve New Application: A.N. 15-13: request by Karen Draper for an on premise consumption Liquor, Beer & Wine license to be used in connection with Fuse 16 Restaurant located at 1002 Broad St. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee March 10, 2015) 7. Motion to approve New Application: A.N. 15-14: request by Aiana Craft for an on premise consumption Beer & Wine license to be used in connection with The Men’s Refinery Barber Spa & The Inside Drive located at 953 Jones. District 1. Super District 9. (Approved by Public Services Committee March 10, 2015) 8. Motion to approve New Application: A.N. 15-15: request by Ahmed Said Mohammad Ashel for an on premise consumption Liquor, Beer & Wine license to be used in connection with Sharifa’s Hookah Bar & Lounge located at 726 Braod St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee March 10, 2015) st Mr. Mayor: The Chair recognizes the Commissioner from the 1. Mr. Fennoy: Mr. Sherman --- Mr. Sherman: Yes, sir. Mr. Fennoy: --- what is the recommendation from License and Inspection on this item? Mr. Sherman: The Sheriff’s Department and Planning and Development recommend that it be approved. Mr. Fennoy: Okay. Mr. Mayor, I’d like to make a, what’s the Sheriff’s, I can talk about seven and eight. What’s the Sheriff’s Department’s recommendation? Mr. Sherman: Okay, now we’re talking about six correct? Mr. Fennoy: Yeah, but number seven. We’re going to do 6, 7 and 8 at the same time. Mr. Sherman: Okay, you want seven? On seven the Sheriff’s Department and Planning and Development recommend also that it be approved. Mr. Fennoy: Okay and number eight. Mr. Sherman: Eight also the Sheriff’s Department and Planning and Development recommend that it also be approved. Mr. Fennoy: Okay. Mr. Mayor, I’d like to make a motion that we approve these three items with a roll call vote please. Mr. Lockett: I’ll second that, Mr. Mayor. Mr. Mayor: Okay, we’ve got a roll call vote request, motion and second for items 6, 7 and 8. The Clerk: Ms. Davis is out. Mr. Fennoy. 17 Mr. Fennoy: Yes. The Clerk: Mr. Guilfoyle. Mr. Guilfoyle: Yes. The Clerk: Mr. Harris. Mr. Harris: Yes. The Clerk: Mr. Hasan. Mr. Hasan: Yes. The Clerk: Mr. Lockett. Mr. Lockett: Yes. The Clerk: Mr. Sias. Mr. Sias: No. The Clerk: Mr. Smith. Mr. D. Smith: Yes. The Clerk: Mr. Dennis Williams. Mr. D. Williams: Yes. The Clerk: Mr. Marion Williams Mr. M. Williams: Yes. Mr. Sias votes No. Ms. Davis out. Motion Passes 8-1. The Clerk: ENGINEERING SERVICES 22. Motion to approve subject agreement to Christopher Booker & Associates, PC in the amount of $40,000.00. This award will include costs associated with providing AUD construction management services for the Library renovation project. (Approved by Engineering Services Committee March 10, 2015) 18 th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. Allen, can you just tell me a little bit about what this $40,000.00 dollars is doing and exactly what is this? We didn’t have very much committee meeting the other week with everything we kind of got through. Can you kind of enlighten me as to, I know my colleagues already understand this very well so they didn’t have to question you but. Mr. Saxon: Certainly. We, Chris Booker was contracted with to do sort of an initial layout of the building renovation and help us put together the package that we put out for the request for proposals. And this is an amendment to that agreement to pay him for services during construction, reviewing shop drawings, helping us make you know decisions as we interact with the design builder on the rest of the project. Mr. M. Williams: Okay and my follow up question is, Allen, is that this was a bid process when we got Chris to come in. This was a bid process that got him to where, at this point. And this really a change order I guess another way to put it. Mr. Saxon: Essentially yes, sir. Mr. M. Williams: Essentially that’s what it is, okay. I’ve got no problem, Mr. Mayor. It wasn’t directed like that so it kind of threw me off. I’ve been sitting up here too long? Mr. Mayor: Do you want to make a motion? Mr. Sias: Motion to approve. Mr. Lockett: Second. Mr. Mayor: We’ve got a motion and a second to approve item 22. Voting. Ms. Davis out. Motion Passes 9-0. Mr. Mayor: Thank you. The Clerk: ENGINEERING SERVICES 25. Motion to approve a request from Georgia Regents University for funding in the amount of $100,000 of the GDOT’s discretionary funds from the City of Augusta to construct streetscape improvements along Laney Walker Boulevard between R.A. Dent th Boulevard and 15 Street. (Approved by Engineering Services Committee March 10, 2015) 19 th Mr. Mayor: The Chair recognizes the Commissioner from the 9 and Mr. Cedric Johnson will be on deck. Mr. M. Williams: Thank you, thank you, Mr. Mayor. This kind of caught my attention a little bit and I had some discussion about it but when you’re talking about not so much the discretionary money from the city that comes through the TSPLOST but the construction of a streetscape. I mean I need to know, I know there’s been a lot of talk about that end of Laney Walker and what we’re going to do with it. I’m for not giving up any part of that giving up meaning that to take any part of that to do anything else with it. I want to improve it but I need to know exactly what I will be voting on to be done if that passes. Once it’s done it’s too late to go back and say well you know we should’ve asked those questions. I need, I’ve got some issues with that. Mr. Mayor: The Chair recognizes Mr. Johnson. Mr. Johnson: Commissioner and I want to make sure, do you want actually see it? Mr. M. Williams: Well --- Mr. Johnson: We’ve got a clip that we can show you what it will look like a rendering of what it will show you what it will look like in the car moving down it. Mr. M. Williams: --- well, I’ve got no problem if the Mayor would entertain that. I mean I would love to see it but I’m a little bit leery of doing anything at all to it to be honest with you, Cedric. Once the horse gets out of the barn it’s too late to close the gate. I don’t want to --- Mr. Mayor: You’ll need a lasso then. Mr. M. Williams: --- no, you’ll need another horse to catch him too. Mr. Johnson: Commissioner, we’ll assure you that this conception --- Mr. Mayor: Please do, Mr. Johnson. Mr. Johnson: --- and we’ve taken some liberties to not have the intersections exactly but they will be the same as they are now. Ms. Jennifer Smith: So as Cedric mentioned each of, this is conceptual so at each of the intersections we have added back in turn lanes so that they line up with the other side of the street. But as you see here it goes to two lanes with a reduced number of crosswalks so we will have less pedestrian crosswalks out there trying to funnel pedestrians into the raised crosswalk areas. And we also have added bike lanes on each side which will improve both bicycle and vehicular safety. And then on as you can see here it won’t look exactly like this but the landscaping on either side we would work with the city on the landscaping choices. Of course GRU would maintain the landscaping. And we’ve added some bio swales, drainage to help with storm water runoff on each side as well. Any further questions? 20 Mr. M. Williams: If I can follow up, Mr. Mayor? Mr. Mayor: Yes, sir. Mr. M. Williams: You know this was explained to me in the frame of safety. And I said to the young man that I talked to if he had an officer on every corner you would never have too many officers. Now you know you can’t say well you know we’ve got too many go home because of safety. But I’m looking at the changes where it’s two lanes going in both directions now four lanes really down to one lane. Wouldn’t that be less safer that way than it is now if you change that to two lanes versus from four lanes versus two. Wouldn’t it be, I’m just asking the question. I mean I’ll have to get me an engineer somebody over there, Steve, somebody to tell me something but would it not be more congested to bring them closer together when now we’ve got? And I heard again safety I understand that but with all of the crosswalks and I heard the young lady say they’re going to eliminate some of that because people cross several different places across there in that short block. You know they’ll cross someplace so just alleviating some of that would probably help. Wouldn’t it cause more problems, Steve, if the lane was brought closer together where it was two lanes versus a four lane? What would be more safe? Mr. Cassell: Safer for the pedestrian? Mr. M. Williams: Safer period. Mr. Cassell: Yes, absolutely. The concept that we’re using here is called a road diet or a Complete Streets Concept. We basically bring in the street to be used by all users. What you’ve got out there right now is you’ve got on street parking plus four lanes of traffic. With the reductions in lanes the road diet what you do is you’re squeezing that crossing down from about 50 feet down to 24 feet. By reducing the crossing you’re also concentrating pedestrians. You know one of the issues we have when you hear about a pedestrian getting hit, they’re getting hit where there’s no pedestrians typically. People aren’t expecting them. You know if you look here at the beginning of April I don’t have any, you’ve got a lot of pedestrians I don’t have much new pedestrian issues everybody’s expecting them, they’re looking for them they’re concentrated in specific crossing areas. So what they’re doing here on Laney Walker in the future will be a significant improvement to the safety of pedestrians through here. Mr. M. Williams: If there wasn’t any parking but there’s parking on one side up and down that entire block now. If there wasn’t any parking, what would that do for safety wise I’m talking about. I’m just trying to figure out how we can do something, you know, to help but I mean when you look at the traffic on that side, I know construction’s going on I understand that. th But on the right side going to 15 Street there’s parking on that side of the street all the way up. Would that not help alleviate? Mr. Cassell: That would improve safety as well but you know we’re looking at creating the bike lanes on street parking has all kinds of challenges for pedestrians you know walking between them to bicycles riding beside them people open up the car doors in front of them. Remain the parking on the street you know no matter what you do would be a good idea to 21 improve the safety. I think what they’re doing is going above and beyond you know with the raising of the crosswalks you’re also slowing traffic down forcing it down to about 25 mile an hour. It’s not really reducing the capacity of the street, it’s just reducing the speeds midblock. We’re maintain the same number of turn lanes at the major intersections so the same amount of traffic can get out at the light as can get out now. It’s just going to reduce the speeds as well as the crossing widths midblock. You know in my opinion it’s an exciting project. We’re looking to do this in other areas because of the pedestrian safety. I mean there’s other ways you can do it, you can do it like they’re doing which is two lanes or you can do it with one lane and a median in the middle that’s provides pedestrian refuge and then another lane. And the advantage that has is that the pedestrian only has to look one way, cross the median, look the other way and cross the street. Mr. M. Williams: And I guess my final question, Mr. Mayor, is that what alarms me is this came forward before, this is nothing new now. Let’s don’t fool ourselves. We talked about closing that part and you know no one is talking about it now so we’re not looking at that. I understand but that’s what alarms me about doing anything there because we was very adamant about not changing it not closing it down. But if we do that much then it wouldn’t take much to do the rest of it later on. I mean it just you eat an apple one bite at a time or you eat the whole apple and you eat it. I mean you consume it but you don’t just take it at the same time. So I can’t support it just for that reason. I’m just one Commissioner and I’m giving you my -- Mr. Cassell: If I may I’m against closing the street I was about two or three years ago when it was and if they came today and wanted to close the street I’d be against it. We’ve got a half way decent grid network up in that area but it disintegrates past Laney Walker as you get down to and then it doesn’t pick up again until you get to Druid Park. But, no, I’d be completely against closing that road. Mr. Mayor: Mr. Cassell --- Mr. Cassell: Yes, sir. Mr. Mayor: --- what’s the timeline for this project? Mr. Cassell: I believe they want to start next month don’t you? Ms. Smith: Our anticipated timeline is six to eight months and we would, we don’t know the exact start date until after we have all the funds in place to be able to coordinate with the low bid contractor. But it’s anticipated for a spring, early summer start. thth Mr. Mayor: The Chair recognizes the Commissioner from the 4 then the 5. Mr. Sias: Thank you, Mr. Mayor. And I know we have a lot of historical connections with Laney Walker but I just want to remind everyone of a couple of years ago the biggest concern was MCG moving to Athens. And what we’re trying to do now we have a lot more students and a lot more stuff going on at MCG now GRU so I think this something that really the And with that, Mr. Mayor, I move to approve. city can support with our university. 22 Mr. D. Williams: Second. th Mr. Mayor: I appreciate that but I do want to recognize the Commissioner from the 5. I believe he had a question or a comment. Mr. Lockett: Thank you, Mr. Chairman. You know we moved a whole road I think they call it Berckman’s Road for the Augusta National. Now we’re talking about somebody that’s in my mind is much more important to this community than the National and that’s Georgia Regents University. And Steve Cassell mentioned the complete streets. I would hope that in years to come the majority of Augusta and good part of Richmond County is going to implement the Complete Streets Concept. I know that a traffic study was done in that part of Laney Walker as far as the number of cars and trucks and pedestrians and so forth that use it on a daily basis to Steve mentioning a road diet. What you’re doing is you’re limiting the width of the street and by doing that there’s plenty of room for automobiles and trucks to maneuver but because it’s not so wide, they tend to go slower. With the bike paths that they’re going to put there that should reduce some of the automobile traffic because many of the students that attend Georgia Regents and other places in close proximity of that they could probably ride their bicycles now without worrying about getting run over. So this is a great thing. I understand the concern but I do believe that once this is completed and the citizens begin to traverse that particular street and so forth and see the esthetical value and so forth I think it’s going to be a great thing and I wholeheartedly support this project. Thank you, Mr. Chairman. Mr. Mayor: All right, we have a motion and a second but the Chair will recognize the st Commissioner from the 1. Mr. Fennoy: Yeah and, Mr. Mayor, I’ve had this discussion with Mr. Cassell and I’ve had this discussion with Mr. Johnson also and I guess one of my biggest concerns is the impact th that this move is going to have on the businesses on the other side of 15 Street. Once this th project starts I think the whole stretch of road on Laney Walker between R.A. Dent and 15 Street will be closed. Is that correct, Mr. --- Mr. Mayor: Continue, go ahead. Mr. Fennoy: All right. Mr. Johnson: We will have a detour there, yes. Mr. Fennoy: Okay, so that whole stretch of road will be closed and then once we open it back up I think we already have a traffic light somewhere in the middle. But on the R.A. Dent side of the traffic light you’re going to have two speed bumps and on the other side of the traffic th light on the 15 Street side of the traffic light you’re going to have two more speed bumps. So if I’m traveling on Laney Walker once I cross the railroad track to get to my destination on the other side, once it’s back open after being closed for eight months maybe then I’m going to have two speed bumps and a traffic light. Then I’m going to have two more speed bumps and a traffic light. I know, Steve, you say you’re not would never support closing it but I think once that took 23 place you don’t have to support closing it because and I travel that stretch. I travel that stretch at least three times a day but once it’s opened back up, I doubt very seriously if I will go down that stretch of road because it’s just going to be too much of an inconvenience for me. And you and I have had this discussion and you know how I feel about it. And Steve you and I have had this th discussion but um, and I think some of the business owners on the other side of 15 Street and I have had this discussion also. So that’s my thoughts on it and you know that’s my thoughts on it. Mr. Mayor: We have a motion and a second. We’re now voting on this matter that is before the Commission, item 25. Mr. Sias: Mr. Mayor, can we proceed with a roll call? Mr. Mayor: Our screens are not active. Ms. McKie: Yeah, uh, this, the construction (inaudible). Mr. Mayor: Okay. We’re back. The Clerk: I think we’ve got it now. Mr. Mayor: All right. The Clerk: It’s a motion that carries unanimously, well, no, it doesn’t. Mr. M. Williams votes No. Ms. Davis out. Motion Passes 8-1. Mr. Mayor: All right, on to the regular agenda. The Clerk: PLANNING 30. Z-15-06-SP – A petition requesting concurrence with the Augusta Georgia Planning Commission to approve with the condition stated below a petition by Denise McKie requesting a Special Exception to establish a Family Personal Care Home per Section 26- 1(h) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .28 acres and known as 2807 King Street – Tax Map 097-4-238-00-0 – District 2. 1. That the Family Personal Care Home shall be limited to 4 residents. Mr. Mayor: The Chair recognizes Ms. Wilson. nd Ms. Wilson: As indicated we met at the Planning Commission meeting on March 2 and there was a lot of, talk about technology, and heard Denise --- 24 Mr. Mayor: Sir, our screens are no longer active again, Jeff. Ms. Wilson: Okay, well, see, all that for nothing. But as you know the property’s located at 2807 King Street and that is off of Ruby Drive in the Richmond Hill Road neighborhood. And this is still not working. Mr. Mayor: We do see it here, Ms. Wilson. Ms. Wilson: Okay. As you know the proposed use for the property is a Personal Care Home. The applicant originally came in to our offices and made a request to have six residents. And um, that’s fine. Again the applicant originally came into our offices and made a request for six residents to live in the current property that is you’re looking at right now. I had our staff go out and do an inspection of the property. The property overall is in good condition. The home is approximately 1000 square feet as it currently sits. At the Planning Commission meeting there was a lot of discussion with regards to the current size of the home as well as the proposed renovations that the owners wanted to make to the home. In addition to that there was discussion with regards to the crime statistics or amount of crime that took place and it’s one of the things that we look at when we’re looking at whether a Personal Care Home should be located in particular neighborhoods. After a lot of discussion and debate the Planning Commission voted to recommend approval of this request with a reduction of residents to four. The Planning staff on the other hand recommended denial of the request because when we do our analysis we look at what the original request was for that came in for this Personal Care Home. The applicant was at the meeting and agreed that they would limit the number or residents to four and the staff concurs with that. So I just wanted to let you know a little bit about what happened with regards to the discussion on this particular piece of property. th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. Serving on the Planning Board I was there at that particular hearing and the applicant did apply and asked for six. And I think it was stated that they were going to do some renovation to add the additional space to it which was I thought the right thing to do. I wouldn’t add any space to a piece of property and not knowing I wasn’t going to be licensed for it or not. So I think the applicant did their job. Now with that said if they don’t do that, I can understand that we would limit it to the four but you, Ms. Wilson, you said that you looked at the application what they initially applied for. So we ought to look at what she initially applied for and that was six with the condition that she do the other two people have to have the renovation you know done to it. And I know we don’t have a way to enforce but she’s got to get a license renewed at one point or he or whoever the applicant may be. But I’m saying that I’m hearing mixed signals coming from Planning and Zoning here when they did apply for six and they said they wanted to get approved first before they spent any money on construction or renovation work which I thought was the right thing to do. So I’m going to make a motion we approve the six with the renovations if the renovations gets done she can hold the six but if the renovation don’t get done I think to go back to that limiting to four is that right, Ms. Wilson? 25 Ms. Wilson: Well, I mean and in all kinder as a staff we can’t make decisions on what somebody may do or may not do so therefore we made our recommendation based on what currently exists on the property. She did come to the meeting and said that she would do an addition to the property but even with the addition that is being proposed you’ve got a situation where you’ve got technically the six residents plus her and her sister, so it was eight people. That’s what we looked at when we did our analysis. The Planning Board as you know from the meeting had a lot of discussion and debate with regards to whether that was an appropriate number even with the renovations or not. But I think that there was the acknowledgement that if the renovations took place that she would have to come back before this body to get an amended Special Use Permit or Special Exception. And that’s why I said staff concurred with that. We would be okay with that as long as it’s very clear that she has to come back. On the other hand the other thing that we look at is the, you know, the crime activity that goes on in the community. We felt that it was a little high after hearing some of the neighbors and the, that came to that meeting and the applicant we felt like if they were okay with it we were fine with it. But we do have that crime data. The recommendation from the Planning Commission was that this be approved for four people. Mr. M. Williams: I said this in the meeting and I’m going to say it again in this meeting our job as the Planning Board is to look at the land uses. I mean are going to get in a patrol and tell me what I mean because there’s no where safe if you’re going to look at where the safety issue comes in that there’s crime everywhere all over this world really but just this city. I think we’re holding a business person who sees a need for a service that they can provide. If they’ve got to go back through these hoops that we’ve been making them jump down here to get to where they need to be I would think the proper thing to do, Mr. Mayor, would be to get approved before I would do any construction or even sometimes purchasing the building. I would want to be approved because if you can’t use it and then you done put your hard earned money to use My motion was to that you just put it out there then that’s not very people friendly I think. approve it with six, Mr. Mayor, but I can make that approval of four with the renovation and adding the other two people on without coming through paying another fee to come backand do that again. So I’ve got no problem with the four but when she gets the renovation done she could add the other six by coming back to this board and proving that she had done that. Mr. Mayor: I really appreciate that, Commissioner. I think we I think --- Mr. Fennoy: (inaudible). Mr. Mayor: --- you did real good there. You did real good. All right, the Chair would st like to entertain, the Chair recognizes the Commissioner from the 1. Mr. Fennoy: Commissioner Williams and I were thinking along the same lines. Mr. Mayor: I thought so. Mr. Fennoy: So was that a motion that you made --- 26 Mr. M. Williams: And a second. Mr. Fennoy: --- all right, did we get a second? Mr. Speaker: No, we need one. Mr. Fennoy: I’ll second it. Mr. Mayor: All right. The motion that’s before us is that pursuant to the Commissioner th from the 9 that he approve the four and at the time that the owner comes back after having done the renovations they can petition for an additional two persons. That’s the motion. Mr. Dennis Williams votes No. Ms. Davis out. Motion Passes 8-1. The Clerk: PUBLIC SERVICES 31. Motion to approve New Application: A.N. 15-06: request by Ok Pun Kartye for a retail package Liquor, Beer & Wine license to be used in connection with OK Wine & Spirits located at 2811 Tobacco Rd. There will be Sunday Sales. Subject to the license not being sold until the trailer in the rear is completely dismantled and the fence screening is in place. District 4. Super District 9. (Approved by Public Services Committee February 23, 2015) (No action taken in Commission meeting March 3, 2015) (Requested by the Petitioner) Mr. Mayor: Ms. Morawski, can you read that last statement again? The Clerk: Yes, sir. That is subject to the license not being sold until the trailer in the rear is completely dismantled and the fence screening is in place. th Mr. Mayor: The Chair recognizes the Commissioner from the 4. Mr. Sias: Thank you, Mr. Mayor. In reading this motion from the committee that was a committed decision that does not bear requirement for this entire body to approve, that is a recommendation. Mr. Mayor, we have some citizens from that district that’s here to speak on this issue today and I would like to hear from them. Mr. Mayor: All right here’s what our posture is. Mr. Sherman, if you will approach. I think the question that’s been asked of all other alcohol licenses is what is the position of the Sheriff’s Department on this matter? Mr. Sherman: Yes, sir, the position of the Sheriff’s Department and Planning and Development is that we recommend the agenda item be approved. And as it was stated at the committee meeting that it can be subject to the owner of the property bringing the property into compliance with a requirement for a Special Exception that is that they put the screening around 27 the fence and that they remove a tractor trailer, a trailer that had been stored at the rear of the property. All of that has been done. Mr. Mayor: Okay, the Commission is now aware of that. All right, Commissioner from th the 4 you’ve indicated that there are petitioner’s who were here at the previous meeting. Is that correct? Mr. Sias: That’s correct we have some objectors, Mr. Mayor. Mr. Mayor: All right. What I’d like to do we did this in a previous meeting will we get a head count of the objectors, all of the objectors. Mr. Sias: Would you all like them to stand, Mr. Mayor? Mr. Mayor: Absolutely, all the objectors please stand. All right, Mr. Attorney, if we can get a head count. I remember a time going by they would ask for a petition of those who live within 600 feet as opposed to just objectors but I’m just here to listen. Mr. Sias: That is a time long ago, Mr. Mayor. Mr. MacKenzie: My count is 30. Mr. Mayor: All right. Mr. Sias: Mr. Mayor, (unintelligible). Mr. Mayor: Here’s our posture, Commissioner. If there’s a spokesperson from the group, not all thirty but if there’s a spokesperson. All right, the Chair recognizes Mr. L. C. Miles. Mr. Miles: Good afternoon Mayor Davis, Commissioners. And I say to you too Happy St. Patrick’s Day. I see I wore my green to make sure ya’ll didn’t pinch me today. But I’m here and I’m representing first of all the neighborhood Augusta Neighborhood Alliance Inc. which is about 22 neighborhoods but in particular I’m here to represent the seven neighborhoods that run off of that corridor between Fort Gordon and Windsor Spring Road which is where this particular enterprise wants to locate themselves. So we, but I want to also let you know that we have had meetings on this in all our neighborhoods and all the neighborhoods unanimously are opposed to the approval of this particular liquor store in this particular corridor of Tobacco Road. Now one of the reasons we disapprove of this is because we’ve been out here fighting for years trying to get that corridor, get some businesses down in that corridor that are bringing positive images to our neighborhood. For years our neighborhood, that neighborhood in that particular corridor over there has been looked at as almost a weed and seed situation for a bunch of those neighborhoods in that area for quite some time. Then we’ve got a lot of neighborhood involvement, a lot of people, a lot of the citizens got involved. Now we have fought tremendously for the last six years for the last 15 – 20 years on different types of businesses in that corridor. We’ve had to get rid of a nightclub that was there we also had to try to close a 28 tattoo shop that the Sheriff’s office was using as a sting so he had to call us and tell us to leave it alone. But obviously I’m telling you that we have not just not just this business that particular corridor there we are trying to entice the type of businesses down there that provide a positive image to our neighborhood and provide a quality of life. And we don’t believe, we’ve already got pawn shops up there, we’ve got several liquor stores already within a four block vicinity, a four mile vicinity of that particular location and there are other numerous entities on that street to sell alcohol. When you count all the convenience stores, you count the drugstores you count the restaurants and all those places there, there are plenty of places already on that street that sell alcohol. The other thing we’re trying to do is entice people to our neighborhood to show that we have a wholesome place to live. Now one of the things you have when you come there the first when to drive down through that stretch that’s the first thing you see. And you know when you first look at things, that’s the first that’s the thing that lasts in your mind. So we are trying to improve our neighborhoods and our property values are beginning to come up to a decent level. We’re beginning to entice a few other neighbors or people that are coming in to buy those places and move in there. The other item and in the twenty years time that we’ve been fighting we’ve been asked to be community activists. The Sheriff’s Department asked us to help them with crime, we’ve done that, we’ve lowered crime in our neighborhood. The Fire Department has asked us to participate and be a part of the Emergency Response Team, we’ve done that. And we’ve also been active in trying to keep our neighborhood congenial and a good place to live for families that are coming there to raise their families. Now this particular business which is another liquor store I mean we had a pawn shop there before and we got rid of the pawn shop and now we’re going to get a liquor store in there. It’s not helping our image in our neighborhoods and for people coming in there. The other thing I kind of want to look at a little bit and let you know that you know that particular corridor from Fort Gordon to Windsor Spring Road, it’s a gateway to Augusta. I mean the first thing that those soldiers are going to see that are coming in from the Cyber Command they’re going to come from the airport and they’re going to come to Fort Gordon and they’re going to go through that little stretch there and that’s going to be the image on whether or not they want to come out there and buy a home and live over there as opposed to looking at Dreyfus Park when you’re going out to Columbia County you look over there and I mean you know we’ve got beautiful neighborhoods and businesses over there. We don’t see pawn shops, we don’t see a bunch of storage sheds, we don’t see an area that’s looking like it’s a sleazy part of town. All we’re trying to do is preserve our neighborhood and preserve our, that corridor there to attract some businesses. We still have to go over to west Augusta to a restaurant, a sit down restaurant. I mean the only restaurant we can sit down in is Baldino’s and they serve liquor too. All right so now look I’m just asking you that these neighborhoods and these citizens of these neighborhoods which is seven neighborhoods in that corridor let us be a part of the process like we did with the Sheriff’s Department, like we did the part with the Fire Department. I mean we don’t have a Downtown Development Corporation down here to develop our land or a Comprehensive Planning for that particular zone. We’ve been doing it ourselves for years. We’ve been trying to keep that area a wholesome place and bring it back so that we’ll be able to attract some of those (unintelligible) when they come out of Fort Gordon the first thing they see is that corridor. And they come looking down there for houses I mean who would want to look for a place that looks kind of sleazy, got a lot of neighbors, got a lot of liquor stores and pawn shops. I wouldn’t now most people don’t want to live there and we do want to attract some of those people there and we look for the same image that Augusta’s looking for to improve this image we want to make sure that our area over there 29 improve their image for people to want to come and those Cyber Command people to come to Richmond County as opposed to all of them going to Columbia County. So this is not only going to help our neighborhoods and help improve the image and help us maintain our neighborhoods to attract new people but it’s also going to help the city of Augusta to keep some of those Cyber Command people over here. I mean where else are they going to go? I’m just asking you in light of the Fort Gordon that you consider all of those neighborhoods over there have asked that this petition to approve this particular license be disapproved. And I’m asking you today in light of all that we’ve said for disapproval of this business because I mean and don’t get me wrong we’re not anti-business, we’ve had quite a few businesses located. A lot of these people that come over here for certain businesses don’t even get to you because they come and ask in our neighborhood and we tell whether we are in concurrence with that business or whether we’re going to fight it. So a lot of this stuff don’t get to you but it goes to us. And we’ve got a new dialysis center coming over there. We’ve got a 200-complex apartment coming over there. I mean we’ve got a new Wal-Mart coming over there I mean so we’re not anti-business we’ve got great businesses coming over there and those are the types of businesses that we desire to be in that corridor. And that’s the kind of businesses we need to be over there to attract the kind of people from the Cyber Command and other people to settle in that part of town. So I’m just asking you in light of what we’ve talked about or what I’ve told you here now and in light of all those citizens who are against it not only the Neighborhood Alliance but those seven neighborhoods that run off of that particular stretch we are unanimously opposed to this. And we just ask you to let us be a part of the process and vote to disapprove this particular business. Mr. Mayor: Thank you, Mr. Miles. Mr. Miles: Thank you. Mr. Mayor: All right, all right hold your applause. All right, the Chair will recognize the th Commissioner from the 5 and then I think it’s just for us to give the petitioner an opportunity to th speak as well. The Chair recognizes the Commissioner from the 5. Mr. Lockett: Thank you, Mr. Chairman. You know I want to support the community but I also think as Commissioners we have a responsibility for the taxpayers’ money all the taxpayers. Mr. Chairman if I could is I would like for the General Counsel to speak about what could conceivably happen if this agenda item is approved. Mr. Mayor: Disapproved or approved? Mr. Lockett: If it’s approved. Mr. Mayor: All right, the Chair will recognize Attorney MacKenzie. Mr. MacKenzie: If it’s approved, then the applicant would have the ability to open up the liquor store. Mr. Lockett: Well, I’ll try one more time. If we disapprove this agenda item, I apologize, that’s what I meant to say in the first place. 30 Mr. Mayor: That’s quite okay, Commissioner Lockett. Mr. MacKenzie: If you disapprove the agenda item I think what you’re asking is, is there any legal risk of adverse litigation in suing or the city possibly losing that. And the initial matter I’ll say there has been a realistic a viable threat of litigation. Usually I prefer to give legal advice in a closed legal meeting and would recommend that you do that. In this context this is similar to other decisions that are made by this body and that it is a policy decision and as long as it is based on sound and reasonable regulations those are usually upheld in the courts. Mr. Mayor: All right, so here’s our posture. I’m going to, we’re going to this is good discussion. It reminds me of the liquor bill in the legislature. Mr. Sherman, would you approach th and then I’m going to come back to the Commissioner from the 9. Mr. Sherman, the petitioner and again you’ve indicated that Planning and the Sheriff’s Department they reviewed this application and have found it within the rights and bounds of government. Is that not true? Mr. Sherman: Yes, sir, that’s correct. Mr. Mayor: Is there any legal reason pursuant to our ordinances that this petition should be denied? Mr. Sherman: Well, let me go back and tell you a little bit about the ordinance. There are two sections in addition to some other issues that go on the application. There are two sections that we look at when we review the application. One is what we call the objective criteria and that is that it goes in an area that is zoned B-2, General Business, that the property is located in a B-2 Zone, General Business Zone and that it meets the setback requirements from churches, schools and playgrounds. And that it meets the distance requirement from other liquor stores to another liquor store it has to be at least 500 yards away. For the churches, schools, playgrounds it meets those requirements, it’s 100 yards and 200 yards for a school, 100 yards for a playground et cetera. So the objective criteria does meet. The subjective criteria and we call it that or what I mentioned the other week. These are the issues that you can also consider, the reputation and character of the applicant, previous violations of liquor laws, manners of conducting prior liquor business, the location, the number of licenses in the trading area, whether there will be dancing, previous revocation of license, payment of taxes, congregation of minors, previous incidents, previous denial or revocation. A lot of this applies to you try to figure out, you know, in your mind figure out well how does this apply to a liquor store. Sometimes it doesn’t. A lot of this will apply more easily to a bar but it does apply to a liquor store when you consider, you know, the previous violation of liquor’s laws, has she had an issue with that or the location or the number of licenses in the area. Mr. Mayor: And you’ve addressed all of those issues, is that not true? Mr. Sherman: We have addressed the objective criteria and when we mention the subjective criteria to you the Commissioner and the Mayor and for you to debate whether or not there is an issue that it comes to mind for a reason being why it should be denied. On the objective criteria we see that it meets those requirements. 31 Mr. Mayor: Pursuant to the subjective criteria how many licenses are in the trade area? Mr. Sherman: In this trade area as far a liquor stores goes there are two but they’re not, I think one’s roughly 1.9 miles and one may be right at two there about. As far as just selling beer there’s several convenience, well, convenience stores but at the intersection of Windsor Spring Road and Tobacco Road you have grocery stores you have several drug stores they all sell beer. And then there’s probably a convenience store too along Tobacco Road that also sells beer then down at Inwood Drive they sell beer. So there are retail stores that do sell beer in the area. As far as the liquor stores go there are none within the distance requirement and none within what was the old distance requirement which was 1.5 miles. th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. Like Commissioner Lockett I support the community and I always have. And I sympathize with them now as to what they’re saying but I was sitting on this same dais maybe in another room when we had twice may three times the people in here now that came about the book store. And it ended up costing this government a lot of money to shut it down because the community, Reverend Ivey, the Christian community came down and saying we don’t want none of that. And I said if you don’t go in there and you don’t participate maybe they’ll go out of business. But we listened to the people and the Commission voted to close it. The young man I remember him distinctly telling us that ya’ll got a smart lawyer and he wasn’t talking about this lawyer, we had another lawyer at that time but he said ya’ll had a smart lawyer, Mr. Wall, but he’s not smart enough. He said we don’t want to sue the city but we will. Rob Sherman, help me out now because they sued the city because now if this applicant was not in the guidelines I’ll be either standing up here with you or sitting out there with you but because they meet the guidelines you don’t have to like it if they meet the guidelines. Now either we’re going to pay now or pay later. Now if they don’t get the business or the participation not there they’re probably going to go out of business. But I’ve got to vote on what I believe the law says and do what is right for the community not just for the people who voted for me. And I hear some people saying well, I ain’t going to vote for you no more. You’d be doing me a favor but trust me I am as tired as I’ve ever been because I put in too much for this. But Mr. Miles is my friend we talk all the time and he knows this ain’t about trying to look out for no special interests. I’m hard up here, Rob, I try to do the right thing. I try to make sure people understand that if you’re right on what you should be wrong I’m not going to be a part of that. So I say this to this community. I understand your feelings, I understand you’re trying to decide but we just voted on three licenses in another neighborhood in this community and none of you all said a word. But in your community you want to pick and choose what you’re going to have but everybody else can take whatever we give them and that’s not right. If they meet the guidelines of the law, I’m sorry. st Mr. Mayor: All right. The Chair recognizes the Commissioner from the 1 Commissioner Fennoy. Mr. Fennoy: Many of the people from District 4 and District 6 that this the area of this license supported me even though I live and represent District 1. And want you all to know that 32 I really do appreciate your support but when you gave me your support I honestly believe that you gave me your support to do the right thing. Normally I don’t pull alcohol from the consent agenda but this afternoon we supported 8-1 three alcohol licenses that are in my district. And I just heard Mr. Sherman talk about the 500 feet. Is it 500 feet or 500 hundred yards? But whatever it is along, within that we have a number of establishments that I guess that’s an exception. I mean I don’t know but there are a number of establishments that fall within that 500 yards rule. I want to do the right thing and I honestly believe that if we deny the liquor license then future businesses that may come and apply for a license maybe not at this location but within this area we’ve got to deny them that license also because we’ve already set a precedent. And this is a precedent that I don’t, I don’t want to see set. I think that we need to monitor this establishment like we do any other establishment not only within that district but within all districts. And if the business owner is not doing what they’re supposed to do if they are violating the law then we need, they need to come back before us and we take their license. I just last week saw a business that I felt that violated the law because that establishment was full of drugs and rather than take their license we decided to put them on probation. Now I don’t think that’s right but in all seriousness I’ve got to support giving her or giving the applicant their license because it’s the right thing to do. th Mr. Mayor: The Chair will recognize the Commissioner from the 6. Mr. Hasan: Yes, sir, Mr. Mayor, I was going to try to be quiet and not say make a comment on this but I think to both of my colleagues and this is not to influence any of my colleagues and how they vote. I’m speaking more to the audience at this particular time. In terms of what Commissioner Williams mentioned in terms about The Mart the uh, I don’t know what name what did you call it? Mr. Mayor: X Mart. Mr. Hasan: X Mart, X Mart there’s a little different spin on that. The city had awarded them a license and with public pressure they decided to rescind the license and change the ordinance, quite different, quite different. Number two the thing here now in terms of Commissioner Fennoy’s position in terms of the three that he pulled 6, 7 and 8 it’s obvious he was setting the table. Good move; I applaud him for that in setting the table about that. The difference is that none of those had objectors, none of them had objectors. You all had objectors so there are two criteria’s to receive licenses and Rob Sherman made that very clear, Mr. Sherman, I’m sorry made that very clear. There are dual criteria and I think it has an equal and I don’t know which one weighs heavier than the other. I don’t know that one but both of those are very relevant in terms of making this decision. And for me at this particular time and it’s not to influence my colleague at all I just wanted to kind of put those things in perspective for me. I will support the wishes of the community when I cast my vote. Mr. M. Williams: Call for the question, Mr. Mayor. Mr. Mayor: That’s an excellent thing, Commissioner. The Chair recognizes the th Commissioner from the 4. I believe he’s going to do the same thing. 33 Mr. Sias: Thank you, Mr. Mayor. I will do that after I make a statement. First off to the citizens who are here represented today --- Mr. Mayor: Commissioner, can you suspend? There is one more important matter before you do that and that is we were going to acknowledge the petitioner and give them an opportunity. Mr. Sias: --- not a problem, Mr. Mayor. Mr. Mayor: Thank you. All right there’s a lot of discussion and lively debate. The Chair will recognize now the petitioner, Mrs. Kartye, if you’ll approach. Ms. Kartye: Thank you, Mr. Mayor, and all of the Commissioners. Thank you for giving me the opportunity to speak to you today. I said it before at the last commission meeting I am 62 years old. I live all my life in Richmond County. I raised two daughters in a neighborhood Tobacco Road Lincolnton Parkway 2725 I raise two daughters. They graduated both of high school and they proceed to go to Augusta University (unintelligible). One daughter lives in Washington DC and helping her husband serve in the Army. My younger is a single mother who lives with me and helps me with my business. And also I am a 20-year veteran’s wife and all my life I was so (unintelligible) of this country I become a citizen and I was 24 years old. When I came to this country I was 20 years old. I am so proud of the USA citizen is an equal opportunity and an equal right for all citizens. (Unintelligible) hurt I don’t against the law and I have a right to open my business (unintelligible). I’m sorry, I am so nervous I can’t speak. Mr. Mayor: Take your time. Ms. Kartye: Okay, thank you. Also I’m raising two grandsons and two granddaughters. I’m a law abiding citizen. I work hard 15 hours a day all my life for years and it started with house maid service. I raise, I have a small janitorial company for over 30 years in Augusta with the license and I opened my liquor business with my husband after he retired. And I had it in Columbia County for 13 years almost 14, 13 years and 7 months and I pay all my taxes. I was a very good customer in the family run business in Columbia County. The reason I leave Columbia County because I work 15 hours all my family worked there we probably put over 200 hours in the week. We pay the rent $7,000 a month. We cannot get labor out of that because the rent is so expensive. And also I think about I live in Richmond County I would like to contribute sometime to Richmond County. I paid a lot of taxes to Columbia County and so I look around in the, I have a lot of friends on Tobacco Road and I’ve been in and out of my friends house and I found a location. And also I noticed that I don’t know how many of you objected of my business. Do you know how many is right by my store less than a quarter of a mile each way how many businesses have been closed for many years? It’s seven, I counted seven businesses being closed. And also a lot of places are run down. I agree with that. I thought I’d come to Richmond County, rent 2811 Tobacco Road I thought I’d make a difference. And we went to Tobacco Road that 2811 location what condition the building was in how much trash was piled up from the pawn shop business there and now after I leased the building since January do you any of you went back to look at that property what condition there are in. They are nice and clean, cut grass each week, sweep the parking lot even though I’m not running business. I 34 repaired the wall I take five truck loads of trash out and I painted put a beautiful sign up there which is I covered it up because I haven’t got a license so I thought maybe I’d cover up my sign. It’s a property that is turning completely different. Worrying about it’s a wrong business if the business one business hurts another business is different. I run a very beautiful business for 15 years. I have a recommendation letter from customer and Columbia County Sheriff’s recommendation and also we passed all of their tests. All of your Commissioners got my package, I attached all the letters to you. I plead with all of your Commissioners, Mr. Mayor, please to help me. If I do anything wrong that’s why law enforcement’s there; it’s not just the Richmond County Sheriff it’s also Revenue Department. They constantly watch over us. The Revenue Department they give us an A+ rating because we are every time they come in our store we pass all their tests. Please this is our family’s livelihood and I keep the county clean and I will love to move to Richmond County. So please allow me to open my business there. Thank you, sir. Mr. Mayor: Thank you, Ms. Kartye. I think you may have a few questions. I start with the first question. Ms. Kartye, you say you raised your children on Lincolnton Park. Ms. Kartye: Yes, sir. Mr. Mayor: Do you still live on Lincolnton Park? Ms. Kartye: No, sir. Mr. Mayor: Okay. Ms. Kartye: I live in right now 5 Park Place Circle. I live in Lincolnton Parkway for --- Mr. Mayor: You live in 5 Park Place Circle --- Ms. Kartye: Yes, sir. Mr. Mayor: --- in Richmond County? Ms. Kartye: Yes, sir. Mr. Mayor: Okay. Ms. Kartye: And I live in Lincolnton Parkway 12 years, sir. Mr. Mayor: Okay, all right. So you live on Tobacco Road. Ms. Kartye: I used to live on Tobacco Road, sir. Mr. Mayor: Do you live in Park Place --- Ms. Kartye: Right now. 35 Mr. Mayor: --- right now. Okay over here on the west side. Mr. Kartye: Yes, sir. th Mr. Mayor: Okay, all right. The Chair recognizes the Commissioner from the 8 Commissioner Guilfoyle. Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Mayor, ever since two weeks ago when this young lady came before us I actually got locked in the stairway and so I had to go up the third floor and come back down. But I went by the place of business and I seen where the tarps were on it, I looked around. I know that the Commissioner Sias’ neighborhood, it’s very strong, very active in the political world. I’m not trying to say how they really feel and they’ll stand up and fight each and every item they feel is not worthy of their district. But I went by there. Tobacco Road is a major thoroughfare we all know that I used to travel it when my father retired while he worked out there at Fort Gordon. This young lady here’s husband a retired veteran served proudly for our country but on my way home I live in the small town which is right next to a lot of the neighborhoods that opposed this. I live on Windsor Spring Road, Windsor Spring Road th Extension to be exact. I had some of my colleagues come by my house. Within an 8 of a mile th actually less than a 16 of a mile I have a liquor store. Does it bother me? No. Has it devalued my property? No. Is there any reason why we should stop her from opening this business? I can’t find one besides the voice of the community of the people who stood up. When we start turning businesses away because we don’t feel they’re good for our community, we’re going to be at a point where we’re going to be like sister towns that we have close to us that sits next to SRS that’s dead. We’re going to have to open up our own arms and invite certain types of business. I’m glad that she’s replacing a pawn shop, pawn shops promote crime. Some will argue that liquor does but liquor hasn’t proven it because every little corner store sells beer. The closest liquor store is Windsor Spring Road, 1.9 miles away. I’m the closest person in this room to a liquor store. I don’t have a problem with it but I want to see businesses succeed. This is my stance. Ya’ll elected me, I’m going to hear it when I walk out of this room. This is the way that I feel. I can’t change my heart. I know what’s right, I know what’s wrong. It’s a tough decision for a lot of us up here but you voted us up here to make decisions whether it agrees with you or it don’t it’s what’s best for the community. Mr. Mayor, I make a motion to approve. Mr. Mayor: All right --- Mr. Harris: Second. Mr. Mayor: --- okay. We’ve got a motion and a second but in all fairness and with due th respect to the Commissioner from the 4 I’ve got to at least, we’ve got a motion and a second but I at least got to give him an opportunity to (inaudible). Mr. Sias: Thank you, Mr. Mayor, and in that way the Marshals don’t’ have to do any additional work. First off let me make it clear to the residents here that’s here and the applicant also. I really appreciate all the residents who came out to express their opinion and voice how they feel about the neighborhood. Let’s make sure as the Mayor said make no mistake about it 36 these residents here have been standing up for their neighborhood for well over 20 years. This is not the first time they’ve opposed an issue but this is one of the first times I hear some things that are not exactly accurate. Number one, this is not an X Mart issue. Number two, subjective criteria also includes how the community feels about it, how does it fit the community. Now we can say what we want about certain neighborhoods can we say we don’t want to live in a but when these neighborhoods are fighting for what’s right to benefit their neighborhood to raise their family we have no issue it seems here sometimes it’s just putting whatever on they don’t want. Now I ask each and every one of my colleagues if this business is so great so good for this area, why are so many people up here opposing it? And let me just remind my colleagues of something when the Auburn was approved over the objections of the neighborhood that was a subdivision I think Mr. Sherman will be aware of that. The Auburn at Sand Ridge, that was a total disaster. That was an issue that the neighborhoods opposed. These same neighborhoods when they have a crime issue they didn’t call the Commission, they didn’t call the Sheriff, they hired a deputy. These neighborhoods have always been proactive in handling their business in taking care of their neighborhoods yet this body seems to want to put something in on them that they entirely do not want. So for the citizens that are here today and the ones that represent the ones who could not be here today I applaud you. And I also ask that you continue to do what you do because at the end of any process, you’re the ones that are going to be responsible for it. And if it doesn’t work out keep right on fighting. You know what’s best for your neighborhood that’s why they have a legal rule called Home Rule. But we can forget some of them things when we get behind here so yes you have my inequitable 100% support. And it’s like this if I wanted to go somewhere I wasn’t wanted I wouldn’t go. Thank you, Mr. Mayor. Mr. Mayor: Thank you. We have a motion and a proper second. The motion is to approve the new application. All those in favor will vote yea and all those opposed will vote no. Mr. Fennoy, Mr. Lockett, Mr. Harris, Mr. Guilfoyle and Mr. Williams vote Yes. Mr. D. Williams, Mr. Sias, Mr. Hasan and Mr. Smith vote No. Ms. Davis out. Motion Fails 5-4. Mr. Mayor: All right, item 32. The Clerk: PUBLIC SAFETY 32. Present the Information Technology 2014 Annual Report. Mr. Mayor: Right, we’ll let them quiet down just a little bit before you start, Ms. Allen. Ms. Allen: Okay. Mr. Mayor: All right we’re going to give them an opportunity to exit. All right lots of chatter, lots of chatter. All right the Chair recognizes Ms. Allen to give an update. 37 Ms. Allen: All right, Mr. Mayor, members of the Commission before you is actually the Information Technology 2014 Annual Report which actually demonstrates the performance of the Information Technology Department during the year 2014. What Information Technology does is actually provide an annual report each year which discusses and establishes list out what has been accomplished that previous year in working with the various government departments as well as outside agencies. The first two pages actually highlights some of the accomplishments made by the Information Technology Department and what you’ll find in the following pages behind the highlights are actually broken down by each perspective department as well each outside agency and the contribution that the Information Technology Department has made to their actual performance. So what I ask of you is to actually receive this as information as we do on an annual basis. Mr. Mayor: Thank you, Ms. Allen. I will tell you that I’ve only been here about 76 days. You have a stellar staff of IT personnel. Ms. Allen: Thank you. Mr. Mayor: They have been just readily available they provide our office with all the support that we’ve needed and their staunch professionals. So I commend you and your staff for the good work that you all have done for the city. Ms. Allen: Thank you. st Mr. Mayor: The Chair recognizes the Commissioner from the 1 then from the, was that not your hand? Mr. Fennoy: Yes, I’d just like to second the comments made by the Mayor. I think that you have done a wonderful job as our IT Director. Your staff has done a wonderful job. I think for the past couple of years we were number two and our department was number two in the country. I think that’s a great achievement especially when you look at the fact that you served in a dual capacity for those two years. But I’d like to see us number one --- Ms. Allen: Okay. Mr. Fennoy: --- and I know that you’re working on that. Ms. Allen: Yes, sir, we are. Mr. Fennoy: All right. Thank you. Ms. Allen: Thank you. th Mr. Mayor: All right. The Chair recognizes the Commissioner from the 5. Mr. Lockett: Thank you, Mr. Chairman. I’m not going to say all those good things I always say about you and the IT Department but I want to applaud you all for the continuous 38 outstanding job that you do. And I’m going to echo what my friend Commissioner Fennoy said we’re going to have to bring number one home next time. Ms. Allen: We’re trying. Mr. Lockett: Thank you. Ms. Allen: Thank you. Mr. Mayor: All right. Mr. Hasan: I make a motion to receive as information. Mr. Fennoy: Second. Mr. Mayor: We’ve got a motion and a second to receive as information. Thank you. Were it not for Commissioner Sias, gentlemen, we would have already finished the business of the people. Ms. Davis and Mr. Smith out. Motion Passes 8-0. The Clerk: ATTORNEY 33. An Ordinance to amend Augusta, Georgia Code to place regulations on the launching and operation of unmanned aircraft systems (Drones). Mr. Mayor: All right so if I had a little button that I could push right here I see all the hands that just went up down there. Mr. Guilfoyle: We’re glad you’re looking left. Mr. Mayor: All right so we have this item before us. I don’t see anyone from the --- Mr. Fennoy: Drone Department? Mr. Mayor: --- yes. Mr. Sias: We do have our Airport Director in the house. Mr. Mayor: Okay, wonderful, that’s great. Mr. Fennoy: That’s a big drone. Mr. Mayor: All right, so I don’t see anyone from the Sheriff’s Department. 39 Mr. Speaker: I’m here. Mr. Mayor: Okay, Colonel Partain. All right, very good. All right, yeah, I didn’t see him. If you’ll just come forward and then we’ll --- Mr. Sias: Did you get hit by a drone already? Col. Partain: I got hit by a drone. Mr. Mayor: All right, Col. Partain and if you’ll tell us (inaudible). Col. Partain: As you see this ordinance or what’s being proposed I guess you know a lot about the or see the same things that I see on the news about the unmanned aerial vehicles or drones better known as. This is an issue that’s being addressed not by us only on a local level but I believe on the state level and more importantly on a federal level through the Aviation Administration has become a bit concerned. Drones are easily purchased now you can purchase one for $1,500 dollars and can be used for just about anything. There’s a lot of concerns. I know that you’ve seen some of the things same things that I’ve seen over the news in relation to the drones flying in restricted airspace and especially in the height and elevation that their flying at now. Drones have gotten very sophisticated. You can spend like I said $1,500 all the way to $40,000 dollars on a drone. We want to obviously draft something to affect, restrict where these drones can be flown at especially at some of the events. I mean we’ve also got a very big international event but we’re also talking about all events across the county that may cause us some concern where these drones may be flown at. They can be flown in the line of sight now, they can be flown through radio frequency. They’ve become like I said very sophisticated and we just know that we need to take a step here especially with the international event that we’ve got coming up to address the drone flight issue because there has not been, there’s still discussion and there’s still regulations going on about drone flights. It just really became popular in the last I’d probably say in the last couple of years really is where it became popular. So we just felt that we needed to address this issue because it could become a major issue for us and a safety issue with the (inaudible) aircraft. Mr. Mayor: All right. The Chair recognizes I’m going to start with the Commissioner th he’s been fairly quiet today. I’m going to start with the Commissioner from the 6 and then go st to the 1. Mr. Hasan: Thank you, Mr. Mayor, I appreciate that. Mr. Mayor, in light of what Mr. Partain said in terms of I’m thinking he’s making reference to what we most notably know as The Masters Tournament that we kind of like adopt whatever, and this is more of a statement. It has to be formulated in the form of a motion that we adopt something for that particular week or a ten-day period but come back and study this issue a little bit more to get some more insight on it. But if you think it’s important for that I wouldn’t hope that we would attempt to second guess that you know but make something that we can put in place and keep it for those ten-day window and then come back and construct something and get more community people to have some input on this. 40 st Mr. Mayor: Okay, that’s good. The Commissioner from the 1. Mr. Fennoy: Yes, Colonel, when I was coming up they wasn’t drones, they were gas model airplanes. Col. Partains: Airplanes, yes. Mr. Fennoy: But I think that issue needs to be addressed but with the international event coming up very shortly also I think that those lasers that people have and be pointing at airplanes --- Col. Partain: You are correct. Mr. Fennoy: --- is something that needs to be addressed also because it poses a safety issue for the pilots. That can cause a whole lot of damage if you know if it’s reflected in the wrong direction at the wrong time. Col. Partain: Correct. Mr. Mayor: All very good points. All right, I’m going to go all the way down to the, th okay. I’m going to recognize the Commissioner from the 7. Mr. Harris: Can this, if we go with this suggestion about the, a temporary mode can it be where, I see where we’re talking about written permission from us or the Commission. I think I’d be more comfortable if there was a way they went through the Sheriff’s Department that ya’ll would be the ones that would sign off if it was a commercial venture that would have to have a drone go up --- Col. Partain: Correct. Mr. Harris: --- or something that ya’ll, I’d feel more comfortable with ya’ll being the deciding --- Col. Partain: I’d be glad to you know being involved in the process, we should be. th Mr. Mayor: Okay. The Chair recognizes the Commissioner from the 8. Mr. Guilfoyle: Thank you, Mr. Mayor. Robert, thank you for coming before us. I hope you didn’t hit somebody to break your arm like that. Col. Partain: No, no, no. Mr. Guilfoyle: My phone was ringing yesterday as well as this morning for the hobbyists who actually has these that flies on their own properties and flies and a matter of fact next to the Sheriff’s substation across from Proctor and Gamble. 41 Col. Partain: Okay. Mr. Guilfoyle: Some of them works with the dogs. DNR actually uses it so we go with this what we’re discussing here is we’ve got to protect both the people in public venues like the international event we’ve got coming up and we also got to protect the people that operates these as a hobby. We do need to have some clarity I know it’s, I had an email shot to me which I forwarded to the attorney and there’s actually three drafts in the house and I like Commissioner Hasan’s suggestion let’s do it on a temporary basis but what we do need until it comes out of the house with a decision from the FAA it just, it’s like the Civic Center, they have events all the time. So in order for them to be part of the venues have the camera system going, the way it’s written any kind of public space you can or place you cannot have it. So there’s a, it’s a double catch on this one. Col. Partain: You are correct there is some legislation in Georgia that is being proposed. There are regulations through the Federal Aviation Administration that are being proposed and adopted and we were stringent as far as public venues. And I think it will come to that because as you very well know with the threat of terrorism whether it be domestic or international we have to be concerned that something could happen even in a, we know an international event but it would be just as bad to have something happen in a smaller event that would bring attention to Augusta that would be an incident of domestic terrorism. Now I do also because I received a phone call this morning from an enthusiast who is concerned but he didn’t really, although his concern he also said that he flew at a private club on a property that’s approximately 40 miles from here. We’re not concerned with that. I mean that’s not really I mean because I know as Commissioner talked about the airplanes I knew where they used to fly them on 56 and I used to go out there and see them and see them fly the airplanes and all. I think what we’ve gotten into now is actually what we call now the drones which is the, for the lack of better saying a little small helicopter that people are using. And obviously in heavily populated events whether it be an international event or whether it be a local event we’ve got to have some level of concern at those events and who are operating those types of aircraft. And we can work as far as public and private I think I do understand what you’re saying though because I have seen I guess they use a certain amount of drones in some of the football stadiums even in Atlanta --- Mr. Guilfoyle: Right. Col. Partain: --- where they use some of them. So I think those issues are going to be addressed. I think that as they move forward with the regulations that they trying to because this has becomes a phenomena all of a sudden with these drones and this aircraft. There was a spillover I guess from all our years in the Persian Gulf during the war where most of this technology was developed and brought into the private sector. We do know that we’re going to have to address the individual concerns too. Mr. Guilfoyle: Right so should we I know this is going to probably require a first and second reading. I will have the Mayor if I could ask the attorney if we could have more discussion on this or just do it on a like Commissioner Hasan said do it on a temporary basis so we can make sure that this international event is taking care of. And then let’s wait until the FAA comes back with their --- 42 Col. Partain: That could be true I mean --- Mr. Mayor: We’re working on that right now, Commissioner. Mr. Guilfoyle: --- you are on top of it, Mr. Mayor. Mr. Mayor: We’re working on that right now for you. Mr. Guilfoyle: Thank you. Thank you, Robert. Mr. Mayor: We have the Hasan amendment to the ordinance coming in just a minute. th All right the Chair recognizes the Commissioner from the 4 --- Mr. Sias: Thank you. Mr. Mayor: --- Commissioner Sias. Mr. Sias: Thank you, Mr. Mayor. The only think I want to add to this discussion and it’ll be extremely brief as we move forward with the permanent version I would just want to encourage that we include our Airport Director and the from both the regional airport and the our general aviation our small aviation field up there or if he has both. That would be my only addition to this as we move toward the permanent one. Let’s make sure we get all those parties to sit at the table. That may have already occurred but I just want to encourage that. Mr. Mayor: Commissioner Sias, thank you, very good. All right anyone else. We have the Chair recognizes Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. I think there’s pretty much a general consensus as to what we need to do but I’d like to add a little caveat I guess you might say. This big unidentified event I guess we all know what it is but I would fully support some of the comments made by my colleagues about we only do this on a to cover a specific period of time. But I would also like for us to include both airports in this because with the big unidentified event it’s going cause lots more air traffic and so forth. And I think if we had the area for the big unidentified event and both airports for a temporary period of time I think that would be great. Thank you, Colonel and thank you, Mr. Chairman. Mr. Mayor: Thank you, Commissioner Lockett, the distinguished Chair of Public Safety. I appreciate that. All right the Chair will recognize Attorney MacKenzie for the Hasan amendment to the ordinance. motion to approve the Mr. MacKenzie: This would be too I would presume a ordinance with the following adjustment to Section F which relates to the effective date. So that Section F reads as follows: This ordinance shall be in full force and effect from April ndth 2 2015 through April 13 2015 unless otherwise extended by the Commission. 43 Mr. Hasan: I’d like to make that motion, Mr. Mayor. Mr. Fennoy: Second. Mr. Mayor: All right, I see some looks. All right the Chair recognizes Commissioner th from the 4. Mr. Sias: To make that effective don’t we have don’t we have to include waiving the second reading in that motion? Mr. MacKenzie: You can do that but it takes unanimous consent. Mr. Mayor: That’s right. Mr. Hasan: Do we enter that into the motion, Mr. Mayor, that’s the question? Mr. Mayor: Well and the answer is that with unanimous consent you waive it. Mr. Hasan: Okay, thank you. Mr. Mayor: All right, Commissioner Lockett, it includes what you’ve asked for. Mr. Lockett: Well, the maker of the motion ought to say it, Mr. Chairman, but I’ll take your word for it. Mr. Sias: Did we get a second? We got it okay. Mr. Mayor: All right, we’ve got a motion and a second to adopt the ordinance as amended. Ms. Davis, Mr. M. Williams and Mr. Smith out. Motion Passes 7-0. th Mr. Mayor: All right the Chair recognizes the Commissioner from the 4. Mr. Sias: Move to waive the second reading, Mr. Mayor. Mr. Harris: Second. Mr. Mayor: We’ve got a motion and a second to waive the second reading. Ms. Davis and Mr. M. Williams out. Motion Passes 8-0. 44 Mr. Mayor: All right, all right moving a little too fast, we haven’t adjourned the meeting yet. I know that was the last piece of business but I want to make sure. All right there be no further business, Ms. Morawski, this meeting is adjourned. [MEETING ADJOURNED] Nancy W. 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 March 17, 2015. __________________________________ Clerk of Commission 45