HomeMy WebLinkAboutRegular Commission Meeting May 19, 2015
REGULAR MEETING COMMISSION CHAMBER
MAY 19, 2015
Augusta Richmond County Commission convened at 2:00 p.m., May 19, 2015, the Hon.
Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. Lockett, Sias, M. Williams, Fennoy, D. Williams and Davis, members
of Augusta Richmond County Commission.
Absent: Hons. Guilfoyle, Frantom, Hasan and Smith, members of Richmond County
Commission.
Mr. Mayor: Good afternoon, everyone. We are going to call this meeting to order.
Madam Clerk.
The Clerk: Yes, sir. We’d like to call on the Rev. Dr. Mike Cash, Pastor of Trinity on
the Hill United Methodist Church for our invocation today. If everyone would please stand.
The invocation was given by Rev. Dr. Mike Cash, Pastor, Trinity on the Hill United
Methodist Church.
Mr. Mayor: Remain standing for our Pledge of Allegiance.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Pastor Cash, Dr. Cash, we have something we’d like to present to you.
Thank you for your spiritual guidance and your leadership in the community.
Rev. Cash: Thank you.
Mr. Mayor: All right, so this is our posture. We’re going to receive two delegations and
I’m going to call on Madam Clerk in just a moment but let me share with those who are going to
be speaking when you’re called you have five minutes, five minutes. And you can speak from
either of these microphones, the one to my left or to my right, but you have a time limit of five
minutes. Madam Clerk, our first delegation.
The Clerk:
DELEGATIONS
A. Mr. Lamar Hawkins
RE: Blockage of both entrances at the Richmond Summit Apartments.
Mr. Hawkins: How’s everybody doing? I’m here regarding the Richmond Summit
Apartment building. It’s a HUD apartment building for handicapped only, disabled or 65 years
or older can get an apartment there and they have blocked both entrances where you can’t get in,
you know, if you’re say you’re coming from the doctor so you can’t get in from the sliding doors
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that’s in the middle of the building. And you can only get out on Ellis Street or Broad Street.
And there’s people there that’s on dialysis that they got to let them off on Ellis Street or Broad
Street and they’ve got to walk all the way to the middle of the building to the sliding doors to get
into Richmond Summit. If some of you have ever been to Richmond Summit you know it’s in
the middle of the building and it’s very hard for the disabled to get there. It’s rough. And I’ve
been there twice when the ambulance came a man had a heart attack and the ambulance couldn’t
get in on Broad Street, he had to take the stretcher out and pull it all the way up the sidewalk to
get into the door because they couldn’t drive straight in to the middle of the establishment. And
it’s hard for the disabled, it’s rough, you can’t let’s say it’s rough. You can lose your breath
trying to get to the door like me I’m getting ready to have hip replacement surgery on both hips.
I can’t hardly walk now and it’s people there with no legs, people with one leg and you know
just imagine those people. And the management don’t really they act like they don’t care. They
said the police told them to block it up. How can the police tell them to block a HUD funded
building for the handicapped? And it’s a problem and also there’s no security. There’s riff raff in
and out they get in, you know, easily you know there’s no kind of security in the building, you
know riff raff everywhere. And the elevator works, you got two elevators, one works one day.
The next day the other one works, the other one doesn’t work you know and there’s no access
you know they never work at the same time. You know and it’s a funded building, I’m trying to
where’s the money going? You know it’s a HUD building and it’s just rough and a lot of people
are suffering in the building, a lot of people are suffering in there. And I took on myself I’m just,
you know, I’ve talked to the management and they don’t care you know basically the way it
looks to me. So that’s why I’ve taken it to this point here and like I say I can barely stand. I
have chronic hip, I’m in chronic pain I’m not supposed to even be able to walk and my doctors
will tell you they don’t even know how he’s even walking so I make myself walk you know. I’m
supposed to have an electric wheel chair. They keep turning me down from getting one but that’s
fine you know I just keep on going like I’m going. But I’m not supposed to be able to walk. I
make myself walk and I’m having it rough and so is people’s rougher than me like people with
no legs I’m saying. When the elevator stops working, when that fire alarm comes on the elevator
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stops people on the 4, 5, 6 floor with no legs in wheelchairs, the elevator stops working. How
are they going to get out if there’s a fire and you only got the steps? They’re stuck up there and
if there’s a fire they’ll die in the fire they can’t get out. You know there’s a lot of problems in
the building and I just need to address this issue. Nobody else wanted to and I had to address it
and you know it’s went too long. The management don’t give a hill of beans you know and they
want to get a paycheck and every time you turn around they’re having a day off so it looks like
nobody cares and enough is enough, you know. And they did it because a lot of people abuse the
parking there that’s why, I don’t know how much time I’ve got left so I’m going to shoot this
right fast. A lot of people would park where they wasn’t supposed to park and they kept calling
the tow trucks so they said, well, we’ll just block it off. You know we stopped getting it on the
speaker so I look at it if you know you ain’t supposed to park there, don’t call them on the
speaker, just call the tow truck. You come downstairs your car’s gone you had no business
parking there that’s why your car’s gone, it got towed away that’s how I see it. It’s that simple.
Mr. Mayor: Mr. Hawkins, your time has expired. We do have a few questions from the
Commission. I’ll entertain questions from the Chairman of Administrative Services
Commissioner Williams.
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Mr. M. Williams: Thank you, Mr. Mayor. Mr. Hawkins, I do know a little history on
that building. You did say it was federally funded and I’m trying to wrap my head around who’s
responsible whether it be the Housing Authority, what agency does that come up under?
Mr. Hawkins: HUD.
Mr. W. Williams: Yeah, but HUD has an authority here with the Housing Authority and
I’m just trying to find out who addresses that, what agency is that building funded through by
HUD money but do you know whether or not it’s through the Housing Authority or what
agency?
Mr. Hawkins: I’m saying the Housing Authority too, yes, sir.
Mr. M. Williams: Okay, I guess my next question, Mr. Mayor, would be that the life
safety. The fire department I’m sure has been through there where they have a vested interest in
getting to that point. There had been some trouble I remember from sitting here for such a long
time with that building having several issues. Even though some of them are seniors, some of
them are not doing the things that seniors ought to be doing. So you’ve got the good on one side,
the bad on the other side so we need to I guess address that but is that a public street that and I’m
not asking you I’m asking anybody I guess ---
Mr. Hawkins: I read in the paper this morning it was a (inaudible).
Mr. M. Williams: --- I don’t want the paper’s opinion, let me get it from the ---
Mr. Hawkins: Okay.
Mr. M. Williams: --- from a legal opinion which I ain’t too far from there but let me get
something from our legal opinion if it’s a public street, Mr. Mayor.
Mr. Mayor: Yes, sir.
Mr. M. Williams: I wonder if that’s a public street I mean can the street be blocked off?
I’m hearing it’s blocked. That’s what I’m asking I guess.
Mr. Mayor: Here’s what I’d like to do. We’re probably spending a little more time on it
that we want to but the Chair will recognize the License and Inspections Ms. Pam Costabile and
our fire chief to speak to this matter. Okay, all right if you will just stay right there Mr. Hawkins.
Ms. Costabile and our fire chief ya’ll come speak to this matter please. You can stay right there,
Mr. Hawkins.
Mr. Hawkins: Stay right here?
Mr. Mayor: Yes, sir. If it’s a burden for you, you may be seated.
Mr. Hawkins: No, I can stand up.
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Mr. Mayor: The Chair recognizes Ms. Pam Costabile.
Ms. Constable: Okay, what I can speak to is generally the condition or complaints within
the building. We enforce the National Property Maintenance Code. I did a quick summary
before I came down here. In 2013 we had nine violation notices. Each time the management did
comply. 2014 violation notices sent were eight; each time it was complied with. 2015 we had a
violation notice for a broken window in the commercial building on the front of facing Broad
Street. That has been complied with. The only violation we have at this time that we received is
bed bugs in one of the rooms. They’ve had some professionals come out. They’re currently
working with the tenant. The tenant refuses to get rid of his couch which is infested so they’re
coming in with another professional just to get a second opinion of what he needs to do with that
and then they will handle it from there.
Mr. Mayor: So ---
Ms. Constable: And ---
Mr. Mayor: --- Ms. Costabile, suspend for a moment. I want to move on. This property,
is it a private property?
Ms. Costabile: It is a company, I believe an LLC company that all of the tenants are
funded by federal government.
Mr. Mayor: Right, they receive a stipend from the federal government but this is a
private property.
Ms. Costabile: Yes.
Mr. Mayor: Okay. And the matter that’s before us is for information only is the
blockage of both entrances at the Richmond Summit Apartments.
Ms. Costabile: Yes, when the building was renovated I believe back in the 80’s the entire
building was renovated with the front entrance to be open as like green space for people to sit
and be able to go outside. How that came about I’m really not sure of at this point. I think what
needs to be done is maybe have a committee and we’ll sit and review everything and what the
possibilities would be to help with the disability problem of getting in and out. And at this point
I would have to turn it over to the fire department for that.
Mr. Mayor: Okay, the Chair recognizes Fire Chief James. First question Mr. James is, is
this a Life Safety Code issue?
Chief James: Not at the present time. We have access from both the Ellis Street side and
the Broad Street side and we have access 150 feet down the road that is being blocked. And so
as we reviewed this in preparing for today that it is not a violation, it is not and it won’t be in
violation if you take the barricades down. If you did open up that road there are some issues
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with, you know, they have put some benches in there, some chairs for people to sit. So those
issues would have to be addressed if you open up the road. We would probably suggest that if
you open up the road that you put a yellow curb down both sides therefore the people could not
stop and park in the middle of it. But as it is now it is not a violation.
Mr. Mayor: All right, the Chair will entertain one more question and then we’ll move on
to the next matter. Commissioner M. Williams.
Mr. M. Williams: Thank you, Mr. Mayor. Chief James, can you do you remember do
you have any knowledge of how it got closed in the beginning?
Chief James: We as we, Mr. Commissioner, as we investigated that first I was told it had
been blocked 40 years then I was told it was blocked about 30 years ago. And so nobody really
had any historical knowledge to say they know exactly the date when it, you know, it’s been
blocked all of my time. And so they had no historical knowledge of the exact date as to when
the road was blocked.
Mr. Mayor: Mr. Hawkins, we are receiving your issue. I think it’s important for us to
again in terms of meeting the needs of the public we may want to review this further. We’ve
established it as no life safety issue. The Chair recognizes Commissioner Fennoy.
Mr. Fennoy: And I have talked with Ms. Costabile and Chief James about this issue and
I think the issue that Mr. Hawkins has is the fact that it’s a terrible inconvenience to have to walk
from Ellis Street to the front door or having to walk from Broad Street to the front door as
opposed to having that area opened up. And you could you know if somebody could go to the
grocery store then somebody could drop them off at the door and need to go upstairs as opposed
to having to get from Broad Street or Ellis Street. I think that is what his concern is. Chief
James said even if the street was opened they wouldn’t take a fire truck down there because it
would actually create a hazard. So I think what Mr. Hawkins’ primary concern is, is to make
that area more accessible for people with disabilities and people with handicaps.
Mr. Mayor: I couldn’t agree with you more. That certainly is an appropriate matter from
Americans with Disabilities Act perspective. Perhaps as I understand it and what we’ve been
told today this is a private property and this is a matter that should in fact be taken before that
private property owner.
Mr. Hawkins: Can I speak for 30 seconds? I’ve been living there two and a half years. I
went to February of 2013 and that’s been open all this time to the last two months when they
closed it. So it hasn’t opened since I’ve been there and they closed it because people would park
and just wouldn’t move their cars and they kept calling the tow trucks to come move them.
That’s why they did that. But it’s always been open for the people coming from dialysis and
from the doctor and from there they can drop them off right in front of the door. Since I’ve been
there, they just did this about two months ago. What was happening they shut it off and
everybody is catching, is struggling in the building.
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Mr. Mayor: Thank you, Mr. Hawkins, thank you for bringing this information before us.
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The Chair recognizes the Commissioner from the 5.
Mr. Lockett: I just had a question I guess for the Chief. You mentioned yellow curbing.
If this is the case why don’t we just go on and paint both curbs yellow. And then they’re
illegally parking that should satisfy his inquiry.
Chief James: I would agree that if it’s opened up to be fully driven through that they
would be yellow curbs so that no one could park. I mean if you went through and dropped
somebody off and kept going it would be one thing, but that nobody could park to leave that
drive blocked up.
Mr. Hawkins: Or ten minute parking just so someone could put their groceries off
(unintelligible).
Mr. Mayor: Mr. Hawkins, suspend.
Mr. Hawkins: Okay.
Mr. Mayor: Thank you. All right, thank you for your time. Madam Clerk?
The Clerk:
DELEGATIONS
B. Mr. Moses Todd
RE: Stormwater Fee.
Mr. Todd: Mr. Mayor and members of the Augusta Richmond County Commission, I am
a concerned citizen. My concerns are the negative economical impact this flawed revenue raiser,
the rain tax, will have on Augusta’s taxpayers, schools, churches and nonprofits and the poor.
This is a poverty tax on our community with approximately 30% of it living below the poverty
level. This is a new tax on the churches and the nonprofits that help feed and house our poor. I
think you have misplaced this government’s priorities as to the money for maintenance and
operations in Augusta Richmond County. You already placed on the property tax bill 16 of the
20.027 millage rate is designated for M&O. In addition you have T-SPLOST funds for
Engineering Services M&O and SPLOST funds per capita for infrastructure. I recommend that
you do not place this fee, tax on our poor who already have a hard time making ends meet. Mr.
Mayor and Commissioners, I appreciate your considerations as far as my concerns go.
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Mr. Mayor: Thank you. The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chairman. This is for Mr. Todd.
Mr. Todd: Yes, sir.
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Mr. Lockett: Mr. Todd, I know you served several years as a Commissioner. During that
period of time if more consideration had been given to infrastructure we wouldn’t be in the
position that we’re in now. You mentioned the economic impact it would have on our poor
people but most of the people I’ve seen complaining about this not tax but fee aren’t poor people.
When you’re trying to entice business or residents to come to your community there are three
things that they are primarily concerned about: infrastructure, educational and public transit. Our
infrastructure is so terrible until we are having a difficult time attracting people that are coming
in for the Cyber Command. I spoke with elected officials from Columbia County, McDuffie
County in particular and they were indicating that they were having an extremely difficult time
keeping up with permits. That’s where people wanted to open a business, people wanted to buy
homes and so forth. We don’t have that problem here. And if you should go out towards Fort
Gordon you can use either use Gordon Highway or Deans Bridge and you can see why we have,
we don’t have that problem here it’s because the majority of people don’t want to come here.
And what we’ve done over the past years, I’m in my sixth year of this governing body, is we try
and do something for the betterment of this community and we’ve got lots of naysayers that
come out there and the naysayers are in the minority not the majority saying we shouldn’t do it
and the negative impact it’s going to have on people. I think they should consider the fact that
by enhancing our infrastructure property values are going to go up, okay? So and I’m glad to see
what I should be glad to see but you’re still doing it. You’re referring to it as a tax and you know
good and well it’s not a tax. Georgia Power is not a tax, Georgia Natural Gas is not a tax, it’s a
fee. Thank you, Mr. Chairman.
Mr. Mayor: Mr. Todd, Mr. Todd.
Mr. Todd: Yes ---
Mr. Mayor: Thank you ---
Mr. Todd: --- may I respond?
Mr. Mayor: --- suspend. During the delegation period we’ll receive for information.
This is not the time to debate a matter from the floor.
Mr. Todd: Yes.
Mr. Mayor: And at the appropriate time that is an item that’s on the agenda ---
Mr. Todd: Yes.
Mr. Mayor: --- we will discuss storm water at that time. With all due respect your past
history as an elected official can certainly bring this extremely important matter before us. I’m
going to ask you to suspend, your time is up. We’re going to move on to the agenda, the
calendar at this time that’s before us.
Mr. Todd: Thank you.
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Mr. Mayor: I’ll receive this as information as well as the Commission. Thank you.
Madam Clerk, on to the consent agenda.
The Clerk: Yes, sir, our consent agenda consists of items 1-17. And under the Planning
portion of the agenda I’ll read the planning petitions and if anyone has an objection would you
please signify your objection by raising your hand.
Item 1: Is a request to approve with conditions as petition by Gregory Jones, on behalf of
Florence S. Waterman Trust for a change of zoning from Zone R-MH (Manufactured Home
Residential) to Zone B-2 (General Business) affecting property located at 2036 Gordon
Highway.
Item 2: Is a request to approve with conditions a petition by Harper Franklin Group LLC,
on behalf of Michael Abbott for a Special Exception in an R-1C (One-family Residential) Zone.
This will affect property located at 4113 D Elders Drive.
Item 3: Is a request to approve with conditions a petition by John Crowell, on behalf of
Crowell & Co. for a change of zoning from Zone A (Agriculture) to Zone R-1C (One-family
Residential) on property know as 4095 Harper Franklin Avenue.
The Clerk: Are there any objectors to any of these Planning petitions? None noted, Mr.
Mayor.
Mr. Mayor: Thank you, Madam Clerk.
The Clerk: And under the Public Services portion of the agenda I’ll read the alcohol
petitions and if there is anyone who has an objection would you please signify your objection by
raising your hand.
Item 6: Is a request for an on premise consumption Liquor, Beer & Wine License to be
used in connection with FLO located at 879 Broad Street.
Item 7: Is a request for an on premise consumption Liquor, Beer & Wine License to be
used in connection with The Central Smokehouse and Cantina located at 1855 Central Avenue.
The Clerk: Are there any objectors to either of these alcohol petitions? None noted, Mr.
Mayor.
Mr. Mayor: Thank you, Madam Clerk. All right, at this time the Chair will entertain any
motions to add items or pull items from the consent agenda. The Chair recognizes the
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Commissioner from the 1.
Mr. Fennoy: Mr. Mayor, I have a couple of items that I’d like to refer back to the
committee.
Mr. Mayor: Okay.
Mr. Fennoy: Item number 8 ---
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Mr. Mayor: All right and again Commissioner Fennoy’s wanting to refer items from the
consent agenda back to committee.
Mr. Fennoy: --- item number 13 and item number 16.
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Mr. Mayor: The Chair recognizes the Commissioner from the 3.
Ms. Davis: Can I just ask one quick question just for Mr. Wiedmeier for item number 13
as far as just a time frame for these contracts? Just to see if that moving them back to committee
would get in the way with any of the contracts that you have going on.
Mr. Wiedmeier: No, that would be fine with us.
Ms. Davis: Thank you.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. M. Williams: Mr. Mayor ---
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Mr. Mayor: From the 4.
Mr. Speaker: (inaudible).
Mr. Mayor: Item number 4 from the consent agenda? Okay. The Chair recognizes the
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Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. The one that Commissioner Fennoy pulled
item 16 is an appointment ---
Mr. Mayor: Yes, sir.
Mr. M. Williams: --- by Commissioner Grady Smith. We’re going to send that back to
committee, is that what I understand?
Mr. Fennoy: Yes.
Mr. M. Williams: I don’t understand that one. I think that’s Commissioner Smith’s
appointment. I mean why would we send it back I’m just, I need some clarity on that one.
Mr. Mayor: Well, I think ---
Mr. Fennoy: Do you want me to respond?
Mr. Mayor: I do.
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Mr. Fennoy: Because I’m not ready to vote on this or approve that item at this particular
time.
Mr. M. Williams: Well, I’ve got an issue with sending that one back, Mr. Mayor. I mean
you don’t have unanimous consent to do that one I mean we can vote it up or down. I think if a
commissioner makes an appointment that he has the right or she has, I see you down there has a
right to approve an appointment. We just, all we do is ratify it. I mean that’s his appointment I
mean that’s a vote I understand but I’ve got an issue with that one. So you don’t have consent
full consent to send that back. I think it ought to be left on the table we vote it up or down and
he can put it back next week.
Mr. Mayor: So again you pulled it from the consent agenda.
Mr. M. Williams: Yes, sir.
Mr. Mayor: Okay, you just vote it up or down, that’s fine.
Mr. M. Williams: Okay, I’d like to pull items 1, 2 and 3 just to get some clarity but I’d
like to pull the items, you know, so I can get an understanding that’s what we’re doing.
Mr. Mayor: Madam Clerk, did you catch that, items 1, 2 and 3?
The Clerk: 1, 2 and 3.
Mr. Mayor: Yes, ma’am. Are there any other items to either pull or add to the consent
agenda?
Mr. Sias: Motion to approve, Mr. Mayor.
Ms. Davis: Second.
CONSENT AGENDA
PLANNING
5. ZA-R-238 – A request for concurrence with the Augusta Georgia Planning Commission
to approve a petition to amend Section 2 – Definitions by adding Crematoriums; Section
22-2(22) General Business – Permitted Uses and Section 26-1(s) – Special Exception – to
include Crematoriums and required criteria.
PUBLIC SERVICES
6. Motion to approve New Ownership Application: A.N. 15-22; A request by Kim
Sharpton for an on premise consumption Liquor, Beer & Wine License to be used in
connection with FLO located at 879 Broad Street. There will be Dance. District 1. Super
District 9. (Approved by Public Services Committee May 12, 2015)
7. Motion to approve New Ownership Application: A.N. 15-23: A request by Brian
Brittingham for an on premise consumption Liquor, Beer & Wine License to be used in
connection with The Central Smokehouse and Cantina located at 1855 Central Avenue.
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There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services
Committee May 12, 2015)
ADMINISTRATIVE SERVICES
9. Motion to approve tasking the Administrator and Interim Human Resources Director to
review existing grievance policies, investigate the procedures in other municipalities and to
bring back information at the next committee meeting concerning the establishment of a
grievance process for SES employees for non-EEO related matters. (Approved by
Administrative Services Committee May 12, 2015)
PUBLIC SAFETY
10. Motion to approve expansion of Information Technology’s Hewlett Packard Storage
Area Network (SAN). (Approved by Public Safety Committee May 12, 2015)
FINANCE
11. Motion to approve Supplement Agreement #1 to the FY 2015 Metropolitan
Transportation Planning Services contract between Augusta, Georgia and the Georgia
Department of Transportation with a local match of 20% which will be 10% in-kind
services and 10% cash in the amount of $22,609.58. (Approved by Finance Committee May
12, 2015)
12. Motion to approve revisions to Vehicle Oversight Program. (Approved by Finance
Committee May 12, 2015)
PETITIONS AND COMMUNICATIONS
15. Motion to approve the minutes of the regular meeting of the Commission on May 5,
2015 and the Special Called meeting on May 12, 2015)
APPOINTMENTS
17. Motion to approve the appointment of Ms. Sheena Dorsey to the Animal Control Board
representing District 7. (Requested by Commissioner Frantom)
Mr. Mayor: We’ve got a motion and a second. Voting.
Mr. Hasan, Mr. Frantom, Mr. Guilfoyle and Mr. G. Smith out.
Motion Passes 6-0. [Items 5-7, 9-12, 14, 15, 17]
Mr. Mayor: Okay, all right. Madam Clerk, here’s our posture we’re going to go, I may
mix it up a little bit but we’ll go from top to bottom.
The Clerk:
PLANNING
1. Z-15-11 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the conditions listed below a petition by Gregory Jones, on behalf of the
Florence S. Waterman Trust, requesting a change of zoning from Zone R-MH
(Manufactured Home Residential) to Zone B-2 (General Business) affecting property
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containing approximately .72 acres and is known as part of 2036 Gordon Highway. Part of
Tax Map 069-0-008-00-0. DISTRICT 5 1. Provide landscaping of individual planter boxes
placed in the front of the primary structure. 2. Parking lot and security lighting must be
directed away from the residential properties located to the south of the subject property.
3. Maintain the existing fence that separates the property from the nearby residential uses.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I just needed to know what exactly what are
we putting there instead of and I agree with the remanufactured home. But exactly what, can
you tell us what that will be?
Mr. Mayor: The Chair recognizes Ms. Melanie Wilson.
Ms. Wilson: Basically the applicant has come in to make a request to get this property
rezoned so that they could use it as a used car lot. That’s what the rezoning request is for.
Initially that front area of the manufactured home park was used as offices for the manufactured
home park or mobile home park and that’s what this request is for.
Mr. M. Williams: Okay, Ms. Wilson, I don’t have a problem with it. I just wanted to
know exactly what will be coming instead of the remanufactured home situation. So that’s why I
had that pulled. If the district commissioner don’t have no problem, I don’t have a problem with
it either.
Mr. Sias: Move to approve.
Mr. Lockett: Second.
Mr. Hasan, Mr. Frantom, Mr. Guilfoyle and Mr. G. Smith out.
Motion Passes 6-0.
The Clerk:
PLANNING
2. Z-15-13-SP – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the conditions listed below a petition by Harper Franklin
Group LLC, on behalf of Michael Abbott, requesting a Special Exception in a R-1C (One-
family Residential) Zone to allow single family attached townhomes developed per Section
11-2(a) at a density not to exceed seven (7) units per acre in accordance with Section 13 of
the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing
approximately 7.8 acres and is known as 4113 D Elders Drive. Part of Tax Map 066-4-008-
00-0 DISTRICT 3 1. The final plan of the proposed development must be consistent to the
concept plan and building elevations received on 4/06/15. 2. The building materials must be
consistent with the materials list provided by the petitioner. 3. A six foot solid fence must be
constructed and maintained along the property line adjacent to Elderberry Subdivision.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I needed a number of how many units that
will be total and whether or not this stipulation that was written in to the contract I guess you’ll
call it that it won’t be nothing that could be changed down the road when they talk about the
building materials. It must be consistent and so I’m asking is that written in somewhere?
Ms. Wilson: Yes, sir. The number of units proposed is basically 24 units and it’s
approximately 7.8 acres. The conditions are that the final plan of the proposed development
must be consistent with the concept plan and building elevations received on 4-6-15. The
building materials must be consistent with the materials list provided so they did provide us with
a materials list. A six foot solid fence must be constructed and maintained along the property
line adjacent to the Elderberry Subdivision. So, yes, those are part of the request.
Mr. M. WilliamsSo
: I just wanted to make sure that those stipulations were in there.
moved, Mr. Mayor.
Mr. Sias: Second.
Mr. Hasan, Mr. Frantom, Mr. Guilfoyle and Mr. G. Smith out.
Motion Passes 6-0.
The Clerk:
PLANNING
3. Z-15-16 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the conditions listed below a petition by John Crowell, on behalf of Crowell
& Co. Inc., requesting a change of zoning from Zone A (Agriculture) to Zone R-1C (One-
family Residential) on property beginning at a point where Covington Court extended
intersects Harper Franklin Avenue. This property contains approximately 86.72 acres and
is known as 4095 Harper Franklin Avenue and is proposed to be developed as Section 4 of
Granite Hill Subdivision. Tax Map 053-0-079-01-0 DISTRICT 3 1. A secondary means of
ingress/egress in the form of a stub or temporary street shall be provided on the east side of
the proposed development.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor.
Mr. M. Williams: Thank you, sir. I was wondering if you just wanted me to take off. I
guess my question is as many units going into this area there was a discussion about the entrance
going in and out. Has there been some adjustment as far as how we’re going to enter and act
with the going in and going out? What changes have been made?
Ms. Wilson: As you’ve indicated I’ve had some concern with regards to the safety of
having over 200 plus units with a single point of egress and regress. As you know that is part of
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a condition that was recommended by the Planning Commission that a secondary means of
ingress/egress in the form of a stub or some type of temporary street would be provided on the
east side of the proposed property. So when they come back in with their final development
plans we will ensure that they meet the conditions of this rezoning request.
Mr. M. Williams: So if we pass this today though and that had not taken place as of yet
and with this portion been passed I’m just asking the question. What, where would that put us
should we hold this until I mean because you’re talking about a lot of traffic coming in. There is
no place and we done let the horse out of the gate so to speak. I don’t have any horses. I’ve still
got my German Shepherds but I’m trying to figure out how do we stop it then? I mean ---
Ms. Wilson: The condition that is placed per this zoning request basically will dictate the
design of the, that comes in for final review. So when we get the final set of plans I think what
you’re going to see because the applicant indicated as well that he was going to reduce the
number of lots because he realized that with some of the topography issues as well as you know
acknowledging there was some access issues that he’ll have to make those changes. So having
that condition basically gives us the ability to make sure that it is consistent with this as part of
the rezoning request.
Mr. M. Williams: And right now, Ms. Wilson, how many total property homes are you
looking at? I’m trying to think about what the reduction would be. It would have to be a
substantial number of reductions if there’s not another way in and out of that facility. And sitting
on that board which I don’t get compensated for but sitting on that board I learned that there’s
not but maybe one other entrance or exit that can be used. And that’s going to involve going
across the railroad tracks I’m hearing. So I’m thinking how many are there now and how many
will have to be reduced to make it feasible? I mean and I think we need the growth that we want
there but we got to think about the safety and the other side of that as well. So I’m not opposed
to it. I want to make that clear but I do want to make sure that people don’t say well how did I
get into this, how did I get into this fix, how did they let this happen. So how many will have to
be reduced, I guess I’m asking you. And I don’t need a total number a locked down number but
because what I’m hearing that’s quite a few.
Ms. Wilson: Well, I will tell you this. What you have before you today is basically to
rezone the property. Right now it’s zoned Agriculture and they’re making a request to rezone it
to R-1C. They have to come back to the Planning Department and to the Planning Commission
for final development plan review. At that point in time they will have to do a final layout of the
subdivision. You know they did a preliminary layout and it showed approximately 222 but
candidly speaking they’re not going to be able to get 222. Usually when developers come in to
show how they could develop a property they always go for the max because that’s typically
what you would do. But when the final development plan comes in and Engineering looks at the
number of lots that have come into our offices for review, they will also look at not only the
access but whether you know a private road being you know 24 inches or is it going to be wider
than that with regards to providing access. So I don’t want to say it’s going to be reduced to 18
or to 19, but I would say that when we’re only making a determination based on the actual
zoning that would allow them to come and submit plans and that we will make sure that it is
14
consistent with the conditions that this board recommends in that it will be less than 222. I don’t
see how they can get that many lots.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4. Thank you, sir.
Mr. Sias: Thank you, Mr. Mayor. Ms. Wilson ---
Ms. Wilson: Yes, sir.
Mr. Sias: --- just two points I want to make. Number one when that comes back to you
all for the final plat approval, that doesn’t come to us do it?
Ms. Wilson: No, sir.
Mr. Sias: And that’s fine just and the second point is I want you to remember when you
all do approve that and as we rassle with the storm water fee in these new developments we will
not have any tolerance for these kind of storm water issues from these new developments. I just
want to make that clear because that an issue we’re rassling with, that’s an issue we’ve got to
deal with and the majority of these residential issues and storm water comes from, I kind of I like
to use the wrong word irrational development. So just make sure that when ya’ll approve that
final plat storm water is proper. Thank you, Mr. Mayor.
Ms. Wilson: It will be, sir. When people come in with their submissions the plans are
routed through all the departments which would include Engineering. And they would deal with
addressing the storm water issues regarding the development of the property. So that would be
something that is also factored in and we will insure that that happens.
Mr. Sias: Move to approve, Mr. Mayor.
Ms. Davis: Second.
Mr. Mayor: We have a motion and a second. Voting.
Mr. Hasan, Mr. Frantom, Mr. Guilfoyle and Mr. Smith out.
Motion Passes 6-0.
The Clerk:
PLANNING
4. ZA-R-237 – A request for concurrence with the Augusta Georgia Planning Commission
to approve a petition to amend the Comprehensive Zoning Ordinance by adding a new
Section 28-F (Personal Care Home); amending Section 4-2 (Off-Street Parking and
Loading) regarding parking requirements outside the Central Business District and;
amending Section 26-1(h) – Special Exceptions – Family Personal Care Homes.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 4.
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Mr. Sias: Thank you. Ms. Wilson ---
Ms. Wilson: Yes, sir.
Mr. Sias: --- I want to commend ya’ll for the work ya’ll did in this part about the
additional requirements for Personal Care Homes. But after reading it three or four times and
coming back and looking at the section that was deleted or that will be if we approve this I have
one question that has to be answered. When the next proposal for a Personal Care Home that is
in a residential area based on the deletions of the Special Exceptions, are you opening the door
that that does not come back to this body for approval as a Special Exception?
Ms. Wilson: No, sir, the way that the ordinance is amended is that you would delete one
area and replace it with the new one. They would still have to come before this board to get a
Special Exception to do a Personal Care Home based on the number of residents that they are
planning on having. We just basically replace the new criteria that would have to be met in order
for them to get approval. But this board would still get (inaudible).
Mr. Sias: And the new criteria in comparison to the old way it has to be kind of in right
in kind of a run with the land per se as the covenants say. I didn’t see that in the new, I didn’t
see that in the new piece. So the thing that I’m concerned about Ms. Wilson is that we come in
with Personal Care Homes that don’t fit and but they meet these new requirements and there’s no
leeway for this body to reject that. So as long as that’s not the case and you know as my
colleagues say the cow be out the barn. So I want to know now before we open the door.
Ms. Wilson: I will tell you this. This is gives you greater protection than what you have
in place right now. The distance requirements do not change. We are limited with regards to
what we can do as you know from previous cases Personal Care Homes are very tricky. One of
the things that we have done though is to insure that certain conditions are in place to make sure
that the residents have a better quality of life, that there are things that people complained about
are addressed, parking, off street parking, the size of the rooms that residents will have to comply
with if they want to have the Personal Care Home. The nothing substantially changed from the
standpoint of the spacing. The spacing is what’s in place. In fact legally and the Attorney could
further go into this our hands are tied with regards to that. The one thing that we can do is have
conditions by which we approve them but it is very difficult if a Personal Care Home meets the
requirements for the state and the local jurisdictions to deny one.
Mr. Sias: Ms. Wilson, we have, if I may follow up, Mr. Mayor.
Mr. Mayor: You get one more.
Mr. Sias: Not a problem. Our protection in the past has been the actual zoning itself and
I’m concerned if this is actually removing that requirement to change the zone.
Ms. Wilson: No, sir, we’re not changing the zoning at all. The only thing that this the
thing that this does is actually makes it, it gives what we currently have in place better teeth with
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regards to being able to make sure that some of the issues that have been addressed by
constituents regarding Personal Care Homes can be legally enforced. But the location of the
zoning districts that they are allowed in that does not change.
Mr. Sias: Move to approve, Mr. Mayor.
Mr. Lockett: Second.
Mr. M. Williams: I’ve got a couple of questions to ask Ms. Wilson before I do anything.
Mr. Mayor: I’ve got a motion and a proper second.
Mr. M. Williams: I had my hand up before anybody made any motions and any seconds
or third or fourths, Mr. Mayor.
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Mr. Mayor: The Chair recognizes the distinguished Commissioner from the 9.
Mr. M. Williams: Thank you, sir. Ms. Wilson, I’m in support so far and when I look at
when we go to changing amending stuff that we don’t understand and I’m like Commissioner
Sias, I understand what you’re saying. Personal Care Homes are really not, I don’t know too
many that is in a General Business area. Most of them are in residential areas because you will
want your family in a residential type area, you don’t want them just in General Business next to
the supermarket or grocery store. But long story short the off street parking I guess is my
question is most residents don’t have barely enough parking for that residence. I mean and I’m
just asking you a question. I mean what is off street parking and loading? If you’ve got a
Personal Care Home, it’s like a regular home in fact the state of Georgia is putting them all over
the city of Augusta in fact the whole state of Georgia that we don’t have no control over that we
can’t do nothing about. And a lot of them in our neighborhoods we don’t even know they’re
there because they don’t have any signs they you just don’t know it. I’m getting to that age, Mr.
Mayor, and if you keep living you’re going to get there too I might be looking for a Personal
Care Home myself and I want to be in a facility that’s going to take care and treat me as if I’m
still a person and not a commodity. So when I hear about off street parking and loading exactly
what are you saying, Ms. Wilson?
Ms. Wilson: What I’m saying is that we’re basically, most Personal or Family Care
Homes have in addition to either the person that lives there they have a caretaker that comes to
the property. Sometimes some of the residents may have a car and the requirements that we’ve
recommended the reason we’re recommending off street is in order to deal with the ADA
Compliance because those homes need to be compliant with ADA regulations. Two is to insure
that you have appropriate parking and you don’t have an increase in parking in the streets. Off
street parking requirements, for example, if you’ve got three residents we’re basically saying that
you need to have one space that’s allocated to the resident, one that’s allocated for the provider
and one to a visitor that might come and visit the people that live in the home. A lot of the
locations where people are making requests for these family personal care homes, they’re able to
accommodate three parking spaces but it doesn’t have to be a traditional parking space. It’s being
able to have the cars not be on the street.
17
Mr. Mayor: Commissioner Williams, may I?
Mr. M. Williams: Yes, sir, go ahead because I can’t support what I’m hearing but if ya’ll
need to go ahead.
Mr. Mayor: So this is a fairly straight forward request that’s before us today. The
motion to approve which we have a proper second is to amend the Comprehensive Zoning
Ordinance. What is before us is the city’s position on ADA Compliance as it relates to Personal
Care Homes and livable spaces. This simply clarifies what DCH, the Department of Community
Health, has sent down. It is a very simple measure that’s before us. The questions have all been
appropriate and valid. This is not a end round and I would ask for full concurrence. A motion
and a second is before us and I’d for this body to vote on this measure now.
Mr. Fennoy, Mr. D. Williams, Ms. Davis, Mr. Sias and Mr. Lockett vote Yes.
Mr. M. Williams votes No.
Mr. Hasan, Mr. Frantom, Mr. Guilfoyle and Mr. Smith out.
Motion Fails 5-1.
Mr. Mayor: I believe Item 8 is before us as well Item 8. It was requested to be pulled,
Item 8.
The Clerk:
PUBLIC SERVICES
8. Motion to approve tasking the Administrator with bringing back to the full Commission
a recommendation regarding the demolition status on the Synagogue and Court of
Ordinary Building on the Municipal Building Campus with options for funding sources
and developing an agreement with Mr. Steinburg and his group for the implementation of
plans for a museum. (Approved by Public Services Committee May 12, 2015)
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Mr. Mayor: The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Yes, I’m asking that this item be sent back to committee.
Mr. Mayor: Thank you.
Mr. Lockett: Second.
Mr. Mayor: We have a motion and a second to refer back to committee. Any further
rd
discussion? The Chair recognizes the Commissioner from the 3.
Ms. Davis: Thank you, Mr. Mayor. I know that there still needs to be further discussion
but I also if we do bring it back to committee I want us to make sure we can make decisions on
this because we have so many people that keep coming back from the community which I
appreciate. And I know that’s because they’re concerned and involved citizens but let’s just be
18
aware of that before we make our agenda to make sure that we are ready to make some decisions
when it’s on the agenda, please. Thanks.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chairman. In reference to my colleague’s comment I think
that we are in a position to vote now, however, something as crucial as this we don’t need six
Commissioners voting on it, we need the entire contingent. And this is what we’re looking for.
Thank you, Mr. Chairman.
Mr. Mayor: All righty. Well I would also submit to you that there’s another item that’s
before us as it relates to this as well and um, we’ve got a motion and a second to refer back to
committee. Voting.
Mr. Hasan, Mr. Frantom, Mr. Guilfoyle and Mr. Smith out.
Motion Passes 6-0.
Mr. Mayor: I’m just looking to where I want to go next. I’d like for you to do the same
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thing with number 18. The Chair recognizes the Commissioner from the 4.
Mr. Lockett: (inaudible).
Mr. Mayor: Well, before we do that, Madam Clerk, we’re going to go to number 18.
The Clerk: Number 18.
Mr. Mayor: 18, item 18 on the agenda.
The Clerk:
PUBLIC SERVICES
18. Ordinance to Amend Augusta Code Title Seven Chapter Four Article Four Section 7-4-
28 relating to the Requirement of Conformance with Certificate of Appropriateness; to
repeal all Code Sections and Ordinances and parts of Code Sections and Ordinances in
conflict herewith; to provide an effective date and for other purposes. (No recommendation
from Public Services Committee May 12, 2015)
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias:
Thank you, Mr. Mayor. In the same vein that my colleagues from the 35d and
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send this item back to the next full
the 5 spoke just a moment ago I recommend that we
committee
so that we’ll all have a chance to input on it and get full across the board community
input. Thank you.
Mr. Lockett: Second.
19
Mr. Mayor: We’ve got a motion and a second to refer this item back to committee at
will. To the members of HPC and our citizens in general I think what this body recognizes is the
importance of historic figures in our community. And much more discussion needs to be had in
terms of the long term goals and how we handle those. And so after much conversation before
today’s meeting and hearing your voices this is going to be discussed. And at our next
commission meeting we will move forward at that time. Voting.
Mr. Hasan, Mr. Frantom, Mr. Guilfoyle and Mr. Smith out.
Motion Passes 6-0.
The Clerk:
ENGINEERING SERVICES
13. Motion to approve the Avrett Plumbing Company, Inc. in the amount of $250,000.00
for the option year renewal of existing contract for Cleaning of Sanitary Sewer Systems to
be performed under Account Number 506043410-5223220. (Approved by Engineering
Services Committee May 12, 2015)
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Mr. Mayor: The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: I’d like to refer this back to the Engineering Committee.
Mr. Sias: Second.
Mr. Mayor: Motion to refer back to committee. Voting.
Mr. Hasan, Mr. Frantom, Mr. Guilfoyle and Mr. Smith out.
Motion Passes 6-0.
The Clerk:
APPOINTMENTS
16. Motion to approve the appointment of Mr. John Kelly to the Augusta-Richmond
County Coliseum Authority to replace Mr. Harry Moore. (Requested by Commissioner
Smith)
Mr. M. Williams: So moved.
Ms. Davis: Second.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor. I don’t have an issue with this appointment but what I
would like to ask is for the Attorney to bring back to this body the exact process of somehow
these there are apparently some appointments that are done a little bit different when we say
consensus. It may or may not be truly consensus as far as the nominating part. So I don’t have a
20
problem with the appointment. I’d just like to see some feedback from the Attorney as to which
boards are set up that way and how they are. And I admit to this to him on flying so this is just
the official part. I have no problem with the appointment. Thank you.
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you, Mr. Chairman. In support of my colleague I’m going to vote
no on this item.
Mr. Mayor: Well, I think you’re going to have an opportunity to do that in just a second.
We’ve got a motion and a second. Voting.
Ms. Davis, Mr. Sias and Mr. M. Williams vote Yes.
Mr. Fennoy and Mr. Lockett vote No.
Mr. D. Williams abstains.
Mr. Hasan, Mr. Frantom, Mr. Guilfoyle and Mr. Smith out.
Motion Fails 3-2-1.
Mr. Mayor: Item number 21.
The Clerk:
ENGINEERING SERVICES
21. Approve proposed Amendment to Stormwater Ordinance.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias: Mr. Mayor, I move that we table this item and move it back to the next full
Commission meeting.
Mr. Lockett: Second.
Mr. Mayor: We have a motion and a second to table. Voting.
Mr. M. Williams: Mr. Mayor?
Mr. Mayor: The Chair recognizes ---
Mr. M. Williams: Are we tabling or are we sending it back to committee? That’s two
different things. I need to know which one are we doing. You mentioned both in your sentence
but I need to know which one.
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Mr. Mayor: I didn’t mention it; the Commissioner from the 4 did.
Mr. Sias: I can clarify my motion.
21
Mr. Mayor: All right.
Mr. Sias: I move that we send this item back to the next full Commission meeting.
Mr. Mayor: I would encourage you to send it back to the next full next committee
meeting. That’s what I would encourage you to do. I would in fact encourage somebody to
make that as a substitute motion.
Mr. Lockett: Mr. Chairman?
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Mr. Mayor: The Chair recognizes the Commissioner from the 5.
Mr. Lockett: Since we’ve already voted, I would like to make a motion that we
reconsider this particular agenda item.
Mr. Mayor: Well, we haven’t voted yet.
Mr. Lockett: Well, something strange is going on here. Five of us have voted.
Mr. Mayor: Okay, well, five of ya’ll have voted and one has not. And the motion that is
before us is to table back to, Commissioner Sias, table back to?
Mr. Sias: (Inaudible).
Mr. Mayor: Okay, all right, well, you can vote it down. All right.
Mr. Fennoy, Mr. D. Williams, Ms. Davis, Mr. Sias and Mr. Lockett vote Yes.
Mr. M. Williams votes No.
Mr. Hasan, Mr. Frantom, Mr. Guilfoyle and Mr. Smith out.
Motion Fails 5-1.
Mr. M. Williams: Mr. Mayor, I’d like to make a motion to send it back to committee.
Mr. Mayor: All right, so ---
Ms. Davis: I’ll second that.
Mr. Mayor: --- that would be out of order. We’d have to move to reconsider its action. I
need a motion to reconsider.
Mr. Fennoy: So moved.
Mr. Lockett: Second.
Mr. Mayor: Okay, all right, and at this point I need everybody to vote 6-0.
22
Mr. Lockett: And that’s to send it back to committee, right?
Mr. Mayor: That’s to reconsider your action and the action just a moment ago was to
refer back to the full Commission which failed. And so posturaly at this point is you’re going to
reconsider your action. And if you vote 6-0 right now we’ll be in a good place and then you get
to tee it up all over again.
Mr. M. Williams: We only had one motion though, right?
Mr. Mayor: That’s correct. That motion was to table or should I say refer back to the
full Commission. It failed. And because it failed you would need to reconsider your action
immediately and that’s what we’re asking you to do. We’ve got a motion and a second to
reconsider your action and if everyone would push yes then I’m going to give you a chance to
make your substitute motion or your motion. Trust me, trust me, trust me, just trust me. Trust
me. I guarantee you, Commissioner Williams, the horse that is out of the gate is faster than a
German Shepherd.
Mr. M. Williams: I’d like to see that.
Mr. Mayor: I guarantee it. In fact the Encyclopedia Britannica says a German Shepherd
runs 27 miles an hour.
Mr. Hasan, Frantom, Mr. Guilfoyle and Mr. Smith out.
Motion Passes 6-0.
Mr. Mayor: 70 miles an hour. All right, now the Chair is going to recognize the Dean of
the Commission, Commissioner M. Williams, and he is about to make a motion to refer to
committee.
Mr. M. Williams: I’m going to make a motion to refer this to the full committee.
Ms. Davis: Second.
Mr. Mayor: Engineering.
Mr. Lockett: Time to go home.
Mr. Hasan, Frantom, Mr. Guilfoyle and Mr. Smith out.
Motion Passes 6-0.
Mr. Lockett: Mr. Mayor, point of personal privilege?
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Mr. Mayor: Well, I’m trying to hold on to the Commissioner from the 4 because we
still have business before us. We do. You’re doing the people’s business, you’re on the clock.
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The Chair recognizes the Commissioner from the 5.
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Mr. Lockett: Thank you, Mr. Chairman. I just wanted to express my happiness with the
showing that we had out at the Animal Services Office over on Saturday. They had a great, great
display. They had quite a few people coming in to adopt dogs, to get them rabies shots and so
forth. I mean it was really great and they had great support from the Fire Department, 911 and
everybody. It was a great event and all those people that are critical of the Animal Services I
hope they had an opportunity to go out there and see what they’re doing. Thank you, Mr.
Chairman.
Mr. Mayor: Thank you. All right, we’ve got just three items before us. Madam Clerk
number 19.
The Clerk:
ADMINISTRATIVE SERVICES
19. Discuss the authorization for compensation to the commissioner who serves as a
member on the Planning Commissioner Board. (Requested by Commissioner M. Williams)
(Tabled until this meeting by Administrative Services Committee May 12, 2015)
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Mr. Mayor: The Chair recognizes the Commissioner from the 9 the Administrative
Services Chair.
Mr. M. Williams: Thank you, Mr. Mayor. I had this item put on this agenda to find out I
guess from our Attorney, the State Legislature set the parameters and set the fee or the amount
that people would be paid and what board that will be paid. And I asked to see something from
the state that shares with us what we are allowed or not allowed to do as far as compensation. If
I fight for other folks, I’m certainly going to fight for myself that if you serve on a board and the
board the state has already agreed and said that you would be compensated like any other board
member would be I want to know from out Attorney has he brought anything that says different.
I’ve got a document here that I got from the Administrators Office that specified what boards
that receive compensation. And there’s several boards that don’t but the Planning and Zoning is
just one of those boards along with the Tax Assessors Board, the Board of Elections, Zoning and
Appeals Board all of those boards are being served. And if you make that meeting then you get
paid so I’m trying to figure out how did that one board get exempt from being paid, Mr. Mayor.
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: Sure, I’ll be happy to address this issue the best I can. Commissioner
Williams and I did have a conversation offline before we came and it seems the issue is the Ex-
officio Membership. An Ex-officio membership is membership on the Planning Commission as
a result of being a Commissioner. I did pull up the most recent amendment to the code relating
to the Planning Commission Board that’s from March 2011. That was the time that there was a
reorganization going on and the Planning Commission staff including the Director became
members of and a division of the Augusta Georgia Government. Previously they worked for a
separate legal entity which was a Planning Commission and as a result of that they’re now part
of our government and they report, directly reports to you. In that process I pulled Ordinance 7-
2-72 that’s the code amendment that designated the membership of the Planning Commission
24
and this document establishes that it’s a twelve member board, one commissioner appointment
for each commissioner similar to other boards and two legislative delegation appointments. The
code itself does not have any provisions relating to any Ex-Officio members as official members
of the Planning Commission, however, the Commission body in its wisdom has the ability to
appoint one of your own as an Ex-Officio member to this body as well as other bodies.
However, it does not make that person an official member of that body which would not enable
them to receive any compensation that would be appropriate in that context. I would also have
some concerns relating to a member of the commission body serving on a subordinate board
which the commission body has the authority to set the compensation for whatever membership
compensation given to these members. It could present a conflict of interest to be voting on what
your own compensation would be for you to be on that board. That’s also a concern that I have.
Based on the current language of the code there are no Ex-Officio members designated as part of
our code therefore they could not possibly be a member which would be entitled to receiving
compensation.
Mr. Mayor: Thank you. I’m going to go down this side first. The Chair recognizes the
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Commissioner from the 1.
Mr. Fennoy: May I ask our Attorney ---
Mr. MacKenzie: Yes, sir.
Mr. Fennoy: --- Mr. Andrew, on the other boards where members receive compensation,
I think Commissioners are I mean ex-officio members of those boards also, do any of them
receive any compensation serving on those boards?
Mr. MacKenzie: The answer I’ll give is you really need me to look to be looked at
individually. There is the Board of Health that’s a separate legal entity that’s not part of the
Augusta, Georgia Government and and if a Commissioner serves on that board, it’s my
understanding they do receive compensation for serving of that board. There are other boards
where there may be Ex-Officio members and to my knowledge if they are being paid and similar
to the Planning Commission they probably should not be paid but that’s something we’d have to
look at on an individual basis and that’s for the reasons I articulated earlier. Each one of these
has their own set of rules. There’s different state laws that apply to some of these boards and all
those have to be analyzed separately to make a determination of what was appropriate for each
board.
Mr. Fennoy: Thank you.
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Mr. Mayor: The Chair recognizes the Commissioner the 4 Williams.
Mr. M. Williams: Thank you, Mr. Mayor. The state set those criteria together. The state
decided what the fee, what the price would be and everything else. Now Mr. Andrew said
something about Ex-Officio he’s the only one I heard aside from Commissioner Fennoy who
responded about Ex-Officio. I was appointed by the board by the Mayor Pro Tem. I sat on that
board previously two years when I was on this commissioner before and I was compensated like
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everybody else was. There are several boards and even when I served on the Health Department
board, Sylvia, each time you meet on the Health Department I think they pay $25.00, I think for
those who serve on that board. But the state who said it didn’t say anything about Ex-Officio so
I’m trying to figure out how the Attorney reads into or brings into something that I guess in his
mind that don’t equate to what the state says. I asked him to get the state ruling to say who gets
it and who don’t. The board member gets it. As an Ex-Officio member you don’t have a vote on
that board because you’ve got to vote in this chamber. But I serve in every other capacity, in fact
there were several items that came in today that I addressed because I was on that board and I
heard those items. So, Mr. Mayor, I need to hear from him I need to see the state ordinance
where what the state had put together whether it was in consolidation or not. I’ve got the list of
all of those boards that do pay, the amount they pay, who got paid and who didn’t. The
precedent has already been set. For two years prior I have been served and on that board and last
year I served on the Health Department Board. Now I don’t know about nobody else, I’m not
getting into anybody else. This thing say the Tax Assessor’s Board was paid 675.00 a meeting
but the Planning and Zoning Board who don’t pay that and that’s the only one that’s been I guess
pulled out of there. I need to see something in writing. I don’t need his opinion on this I need
for him to show me something from the state that says that that board has been pulled out for this
reason.
Mr. Lockett: Mr. Chairman, if I may. We’ve lost our quorum.
Mr. Mayor: We have, I appreciate you sharing that with me. We’ve lost the quorum at
this point there can be no further business that we take up ---
Mr. M. Williams: Madam Clerk ---
Mr. Mayor: --- we can take action on.
Mr. M. Williams: --- will you put this back on the next full commission meeting ---
The Clerk: Yes, sir.
Mr. M. Williams: --- not the committee.
(No action is taken on this item due to the loss of a quorum).
OTHER BUSINESS
22. Discuss the big screen monitors outside the Commission Chambers. (Requested by
Commissioner M. Williams)
(No action is taken on this item due to the loss of a quorum).
Mr. Mayor: Well, this meeting is adjourned.
[MEETING ADJOURNED]
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Nancy W. Morawski
Deputy Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Deputy Clerk of Commission, hereby certify that the above is a true and
correct copy of the minutes of the Regular Meeting of The Augusta Richmond County
Commission held on May 19, 2015.
__________________________________
Clerk of Commission
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