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HomeMy WebLinkAboutRegular Commission Meeting June 16, 2015 REGULAR MEETING COMMISSION CHAMBER JUNE 16, 2015 Augusta Richmond County Commission convened at 2:00 p.m., June 15, 2015, the Hon. Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Fennoy, D. Williams, Hasan, Davis and Smith, members of Augusta Richmond County Commission. Mr. Mayor: Well, good afternoon. Citizens of Augusta, good afternoon. We’re delighted you’ve come to see your government at work. We’re going to begin today with our invocation. We have our Pastor today Rev. Fain followed by the Pledge of Allegiance. If you’ll please stand. The invocation was given by the Rev. Robert D. Fain, The Church of the Good Shepherd. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Reverend Fain, we have a (inaudible) for you, sir. Rev. Fain: It’s a personal privilege, thank you, I’m glad it’s not framed. I’ve been down here a lot of times and I’ve got a lot of frames. The last time I was here I even suggested that the city budget might be balanced if they didn’t stop framing so many certificates. I’m glad to see somebody listened. You all see they are responsive. Mr. Mayor: Contrary to popular belief there are some fiscal conservatives who sit on the dais. All right, I want to mention a few things as we’re getting started here on this afternoon. We know that we’ve reached the summer months and there’s an extreme concern about the heat and the temperatures. I want to let our citizens know that we have a number of cooling centers that are available to help you beat the heat. Many of you may be aware of where some of those locations are. The Carrie Mays Center, Bernie Ward, the Blythe Center for those folks who are out in the Hephzibah/Blythe area, Henry Brigham, May Park, McBean Center, Sandhills Community Center, W.T. Johnson, Warren Road and certainly the Diamond Lakes Community Center. We want all of our citizens to be aware of that. If you’re listening by way of internet and for those of you that are in the audience today it’s important for us to make sure that we provide accommodations for individuals for individuals who may not have sufficient cooling at their homes. I mention two other items. One of the things that we wanted to do in the community is make sure we streamline our permitting process and we’re very excited about the work that our Planning and Development Department has put in place. The first phase of their online permitting process is in fact up and running. You can now apply for a building permit for reroofing, vinyl siding, window and gutters on the Augusta City View Portal located at the Cityview.AugustaGA.gov website. Individuals who are applying for permits can submit their applications through an online form and once the application has been approved you will in fact receive an email informing you that you can pay your fees online as well. I want to applaud our Planning Department for that great work that they’re doing making Augusta a technology savvy city and using innovation to provide our community with the things that they have need of. I’ll 1 also mention along with Commissioner Fennoy that we’ll be hosting the next for District 1 th residents the Mayor’s office hours and District 1 on Wednesday June the 24 from 5:00 p.m. to 6:00 p.m. at the Metro Market. We’d love for you to come out and be a part of that. We look th forward to sharing with you what’s going on in your local government on June 24 from 5:00 p.m. to 6:00 p.m. Madam Clerk, at this time --- The Clerk: Yes, sir. Mr. Mayor: --- our delegation. The Clerk: DELEGATION(S) A. Ms. Rebecca Terrell RE: Housing of the C.H. Terrell Academy in the 600 Building on Broad Street. Mr. Mayor: Madam Clerk, it doesn’t appear that there’s a representative from Terrell Academy. The Clerk: Okay, go ahead with the consent agenda? Mr. Mayor: That’s right. The Clerk: Consent agenda consists of items 1-39. And I’ll read the, under the Planning portion 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 a petition by Mae Johnson requesting a Special Exception to establish a Family Personal Care Home on property located at 3133 Floyd Drive. Item 2: Is a request to approve with conditions a petition by H. Lawson Graham for a change of zoning from Zone A (Agriculture) and Zone LI (Light Industry) to Zone LI affecting property located at 2169 Gordon Highway. Item 3: Is a request to concur with the Planning Commission to approve with conditions a petition for a Special Exception to establish an extended stay hotel on property located at 2169 Gordon Highway. Item 4: Is a request to approve with conditions a petition for a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) for the purpose of establishing a landscape contracting business affecting property located at 3378 Milledgeville Road. Item 5: Is a request to approve a petition for a change of zoning from Zone A (Agriculture) and Zone B-2 (General Business) to Zone B-2 affecting property located at 3696 Windsor Spring Road. Item 6: Is a request to approve with conditions a petition for a change of zoning from Zone R-1 (One-family Residential) to Zone B-1 (Neighborhood Business) for the purpose of establishing a parking lot on property that’s located at 203 Sherwood Drive. 2 Item 7: Is a request to approve with conditions a petition for a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) for the purpose of establishing a paint contracting business on property located at 1213 Flowing Wells Road. The Clerk: Are there any objectors to any of these petitions? None noted, Mr. Mayor. Mr. Mayor: Thank you, Madam Clerk. At this time the Chair will entertain any motions to either add to the consent agenda or pull items from the consent agenda. The Clerk: Do you want me to read the Public Services portion? Mr. Mayor: Sure. The Clerk: Under the Public Services portion of the agenda I’ll read the alcohol licenses applications and if there are any objectors would you please signify your objection by raising your hand. Item 11: Is a request for a retail package Beer & Wine License to be used in connection with Central Mart located at 2059 Central Avenue. Item 12: Is a request for a retail package Liquor, Beer & Wine License to be used in connection with McBean Package Shop located at 5262 Mike Padgett Highway. Item 13: Is a request for a retail package Beer & Wine License to be used in connection with King Food Mart located 2177 Broad Street. The Clerk: Are there any objectors to any of the alcohol petitions? None noted, Mr. Mayor. th Mr. Mayor: The Chair recognizes the Commissioner from the 5. Mr. Lockett: Mr. Chairman, I wanted to add agenda item 43 and 44 to the consent agenda. th Mr. Mayor: The Chair recognizes the Commissioner from the 6. Mr. Hasan: Yes, Mr. Mayor, I’d like to pull item number 14 from the consent agenda. th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. (Inaudible) some clarity on items 9 and 27 (inaudible). Mr. Mayor: Okay, so they didn’t hear you, Commissioner. Mr. M. Williams: I just want to go ahead and pull item 9 and 27 and 28. Mr. Mayor: 9, 27, 28? Madam Clerk, also add 25 to the, pull that. 3 The Clerk: Pull 25? Mr. Mayor: 25 as well. The Clerk: Okay. Mr. Mayor: 27, 9, 27 and 28 should be pulled --- Mr. M. Williams: (inaudible). Mr. Mayor: --- yeah but, that’s a correction on that. 9, 25, 27 and 28 are pulled. I’m coming to the left. We’re going to give her an opportunity to correct that item. Okay, very good and 25 should be pulled from the consent agenda. The Chair recognizes the Commissioner from th the 4. Mr. Sias: Motion to approve. Mr. Guilfoyle: Second. CONSENT AGENDA PLANNING 1. Z-15-17 – A request for concurrence with the Augusta Planning Commission to approve with the conditions listed below a petition by Mae Johnson 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 1.35 acres and known as 3133 Floyd Drive – Tax Map 109-4-025-00-0. DISTRICT 6. 1. Construct a handicap ramp to the home that meets ADA standards for accessibility. 2. The bathroom upgraded to conform to the current handicap accessibility standards. 3. Removal of the window security bars from each of the windows. 4. Criminal activity statistics will be reviewed by Code Enforcement in one year; safe and appropriate security precautions provided by the petitioner will be reviewed at that time. 2. Z-15-18 – A request for concurrence with the Augusta Planning Commission t approve with the conditions listed below a petition by H. Lawson Graham, on behalf of Dr. Harinderjit Singh, requesting a change of zoning from Zone A (Agriculture) and Zone LI (Light Industry) to Zone LI affecting property containing 5.24 acres and is known as 2169 Gordon Highway. Tax Map 068-0-008-01-0. DISTRICT 5. 1. The private driveway must comply with the specified requirements of the Augusta’s Street and Road Technical Manual as it relates to subgrade, base, and paving, as well as roadway width. 2. The rear (north) of the property must be cleared of all debris before the issuance of any building permits. 3. Z-15-19 – A request for concurrence with the Augusta Planning Commission to approve with the conditions listed below a petition by H. Lawson Graham, on behalf of Dr. Harinderjit Singh, requesting a Special Exception to establish an extended stay hotel per Section 22-2 (e) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 5.24 acres and is known as 2169 Gordon Highway. Tax Map 068-0- 4 008-01-0. DISTRICT 5. 1. The private driveway must comply with the specified requirements of the Augusta’s Street and Road Technical Manual as it relates to subgrade, base, and paving, as well as roadway width. 2. The rear (north of the property must be cleared of all debris before the issuance of any building permits. 6. Z-15-24 – A request for concurrence with the Augusta Planning Commission to approve with the conditions listed below a petition by Bluewater Engineering Services, LLC, on behalf of M J Properties of Augusta LLC, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone B-1 (Neighborhood Business) for the purpose of establishing a parking lot and no other uses permitted in the B-1 Zone on property containing .35 acres and known as 203 Sherwood Drive. Tax Map 012-0-098-00-0. DISTRICT 7 1. The B-1 uses shall be limited to a parking lot and no other uses permitted in the B-1 zone. 2. The parking lot shall conform to standards of the Augusta Tree Ordinance. 3. Parking lot and security lighting must be directed away from the residential properties located to the south of the subject property. 4. No permanent sign shall be placed along the frontage of Sherwood Drive. 5. The detention pond shall be sized to accommodate a paved parking lot. 7. Z-15-25 – A request for concurrence with the Augusta Planning Commission to approve with the conditions listed below a petition by Sandra Lynce, on behalf of Shirley Farmer, requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) for the purpose of establishing a paint contracting business and no other uses permitted in the B-2 Zone affecting property containing .83 acres and is known as 1213 Flowing Wells Road. Tax Map 029-0-002-02-0. DISTRICT 3 1. The B-2 uses shall be limited to a paint contracting business, offices, parking and business related storage and no other uses permitted in the B-2 Zone. 2. Parking lot and security lighting must be directed away from the residential properties located to the south of the subject property. 8. ZA-R-239 – A request for concurrence with the Augusta Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance by amending Section 28-B-8 (Signs-Freestanding Signs) by amending the permitted sign surface area, height and illumination provisions in P-1 (Professional) Zones. PUBLIC SERVICES 10. Motion to approve receiving as information the discussion of the abandoned property located at 1409 Steiner Avenue and receiving from the Planning and Development Department an update on the cleanup activities in 30 days. (Approved by Public Services Committee June 9, 2015) 11. Motion to approve New Ownership Application: A.N. 15-27 request by Vaishaliben Patel for a retail package Beer & Wine License to be used in connection with Central Mart located at 2059 Central Avenue. District 1. Super District 9. (Approved by Public Services Committee June 9, 2015) 12. Motion to approve New Ownership Application: A.N. 15-28: request by Nadeem N. Hirani for a retail package Liquor, Beer & Wine License to be used in connection with McBean Package Shop located at 5262 Mike Padgett Highway. District 8. Super District 10. (Approved by Public Services Committee June 9, 2015) 13. Motion to approve New Ownership Application: A.N. 15-29 request by Hiteshkumar C. Patel for a retail package Beer & Wine License to be used in connection with King Food 5 Mart located at 2177 Broad Street. District 1. Super District 9. (Approved by Public Services Committee June 9, 2015) 15. Motion to approve extending the lease with the US Navy for the Naval Reserve Center on Central Avenue through June 2016. (Approved by Public Services Committee June 9, 2015) 16. Motion to approve an 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. (Approved by Public Services Committee May 26, 2015 – approved by Commission June 2, 2015 – second reading) PUBLIC SAFETY 17. Motion to approve acceptance of State Grant Award for Superior Court Felony Drug Court. (Approved by Public Safety Committee June 9, 2015) 18. Motion to approve acceptance of State Grant Award for Superior Court Mental Health Court. (Approved by Public Safety Committee June 9, 2015) 19. Motion to approve acceptance of State Grant Award for Superior Court Veterans Court. (Approved by Public Safety Committee June 9, 2015) 20. Motion to approve revised Capacity Agreement for FY2015 for state inmates being housed in the Richmond County Correctional Institution. (Approved by Public Safety Committee June 9, 2015) 21. Motion to approve the purchase by the Augusta Fire Department of firefighting hose for all new fire apparatus delivered in 2015 from Fireline, Inc. in the amount of $159,738 to include 12 fire pumps, 3 aerial ladder trucks. (Approved by Public Safety Committee June 9, 2015) 22. Motion to approve acceptance of a grant award in the amount of $101,595 for the Richmond County State Court Accountability Court DUI Program from the Office of the Governor Criminal Justice Coordinating Council. (Approved by Public Safety Committee June 9, 2015) 23. Motion to approve acceptance of a grant award from the Office of the Governor Criminal Justice Coordinating Council in the amount of $20,757 for the implementation of a Richmond County State Court Veteran’s Court Program as part of its existing Accountability Court Program. (Approved by Public Safety Committee June 9, 2015) 24. Motion to approve the purchase of an Imaging Scanner for the Charles B. Webster Detention Center from Security Detection, Inc. (Approved by Public Safety Committee June 9, 2015) FINANCE 26. Motion to approve a request from the Asociacion Cultural Hispanoamericana for a rd waiver of the usage/clean up fees of the Augusta Common for the 23 Annual Hispanic Festival on October 9, 2015. (Approved by Finance Committee June 9, 2015) ENGINEERING SERVICES 6 29. Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement (Parcel 041-0-060-01-0) 3450 Wrightsboro Road. (Approved by Engineering Services Committee June 9, 2015) 30. Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement (Parcel 054-0-086-00-0) 3450 Wrightsboro Road. (Approved by Engineering Services Committee June 9, 2015) 31. Motion to authorize condemnation to acquire title of the property for right of way (Parcel 059-3-465-00-0) 1617 Old Savannah Road. (Approved by Engineering Services Committee June 9, 2015) 32. Motion to authorize condemnation to acquire title of the property for right of way (Parcel 059-4-049-00-0) 1559 Old Savannah Road. (Approved by Engineering Services Committee June 9, 2015) 33. Motion to authorize condemnation to acquire title of a portion of property for right of way (Parcel 041-0-059-00-0) 3460 Wrightsboro Road. (Approved by Engineering Services Committee June 9, 2015) 34. Motion to authorize condemnation to acquire title of the property for right of way (Parcel 059-3-466-00-0) 1611 Old Savannah Road. (Approved by Engineering Services Committee June 9, 2015) 35. Motion to authorize condemnation to acquire title of the property for right of way (Parcel 059-3-467-00-0) 1609 Old Savannah Road. (Approved by Engineering Services Committee June 9, 2015) 36. Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement (Parcel 054-0-092-02-0) 3450 Wrightsboro Road. (Approved by Engineering Services Committee June 9, 2015) 37. Motion to approve award of Bid Item #15-142 for construction at the Raw Water Pumping Station to Rube-Collins, Inc. in the amount of $9,626,000. (Approved by Engineering Services Committee June 9, 2015) PETITIONS AND COMMUNICATIONS 38. Motion to approve the minutes of the Regular Commission Meeting held on June 2, 2015 and the Special Called Meeting held on June 9, 2015) APPOINTMENTS 39. Motion to approve the appointments of Ms. Alexa D. Davis to a term on the ARC Animal Control Board and Ms. Ronic West to a term on the ARC Library Board representing District 2. (Requested by Commissioner D. Williams) FINANCE 43. Request for the City to approve The Arts Council application and sign the grant application for the ART THE BOX program grant. No additional funds needed, will be using the funds from the first part of the project as the City match. Grant deadline is June 30, 2015. (Requested by Commissioner Frantom) Mr. Mayor: Voting. Motion Passes 10-0. [Items 1-8, 10-13, 15-24, 26, 29-39, 43, 44] 7 The Clerk: Item 9? Mr. Mayor: Item 9. The Clerk: PLANNING 9. ZA-R-240 – A request for concurrence with the Augusta Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance by amending Section 4- 2 (Off-Street Parking Requirements) by amending the Section to include an allowance for providing compact parking spaces. Mr. Mayor: The Chair recognizes Ms. Wilson, Planning Director. Ms. Wilson. Ms. Wilson: Hi, thank you. Item 9 basically is an amendment to the Comprehensive Zoning Ordinance to allow a use of compact parking spaces in areas where 25 or more spaces are required for off-street parking. Basically what this does is it will allow a developer to provide to basically gain additional parking spaces by having smaller parking spaces up to 10% of the overall requirement. For example if someone has to have 100 parking spaces and they’re running short on property a lot of the times they’ll come in and ask us for a variance. By allowing them to have compact parking spaces they can still meet the same parking requirement because they can have 10% that are smaller. A traditional parking space is 9x18 a compact parking space is 8x16. So as you can see that will allow them to have an area that can be designated for compact parking and thus meet the parking requirements without having to go through the process to get a zoning variance from the Board of Zoning and Appeals. th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Ms. Wilson, thank you for that. In looking at the backup I was trying to figure out in my mind was this going to be for developers or for parking lots. We’re dealing with some issues with parking on side parking on the street now and when I saw this I just wanted to get clarity to make sure that I wasn’t supported something that I didn’t even understand. I understand if you’ve got a building, building a structure that’s going to take 100 places or more or but when you talk about off-street parking and the compact parking it kind of confused my mind as to what we were doing. And I want to make sure that we don’t do what we did in the past and that’s vote for something and don’t have an understanding. So this is mainly for large construction areas. Ms. Wilson: Again this is for developers and anybody in the community that’s building something that would have a requirement of 25 parking spaces or more. What it does is it allows them to meet that parking requirement without having to go through additional variance requests and it is something that other communities do. We did not have any provisions in our ordinance to support compact parking so this will allow that to occur. It does not take away the fact that the developer still needs 100 parking spaces, they still have to meet that parking need but it makes it easier for them to meet that requirement. 8 Mr. M. Williams: I guess my next question would be would that have any effect on the developer who’s already developing those areas that we’ve got now. It won’t go back and change nothing with them. Ms. Wilson: No, they would still have to meet the current regs. They could always come in and ask if to go to ask if we would do a review and do an amendment to their plans but they’d have to go through the process to do that. This is for any application if this is passed today moving forward. Mr. M. Williams: Okay, thank you, Mr. Mayor, that helps me a lot with that. Mr. Guilfoyle: Motion to approve. Mr. Sias: Second. Mr. Mayor: We have a motion and a second. Voting. Mr. Fennoy out. Motion Passes 9-0. The Clerk: PUBLIC SERVICES 14. Motion to approve a one-year probation period of the alcohol license, dance hall license and business license held by Ms. Pamela Hall for The Grill d/b/a Avanti, 553/559 Broad Street for failure to comply with the Augusta-Richmond County ordinances. (Approved by Public Services Committee June 9, 2015) th Mr. Mayor: The Chair recognizes the Commissioner from the 6 Commissioner Hasan. Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, I had this pulled because after doing some careful consideration and thinking about several months ago and I’m not sure whether this under this administration this went on but I know the last part of last year the early part of this year we had a business I think out on Gordon Highway the Sheriff’s Department came in and recommended initially to take the business license. And then as we got to this point here before the Commission they changed their position not necessarily changed their position but was a little lighthearted showed them some mercy on them and went to say well okay we’ll just put them on probation for a year. So at this particular time I want to allow this particular business the same thing. We as a committee last week we talked about one year probation and I’d like to see can we consider my colleagues consider putting the business on six months’ probation as opposed to a year probation. Mr. M. Williams: Is that a motion? Mr. Mayor: I think, I think he’s making a motion. 9 Mr. M. Williams: Okay, I think I’ll make a second. Mr. Mayor: Well, I think proper protocol would be this would be a substitute motion. The main motion is to approve a one-year probation so this is probably be a substitute. Mr. Hasan: Well, I make a substitute motion, Mr. Mayor, to put her to a six-month probation. Mr. M. Williams: Make a substitute to second by I’ve got a couple of questions if I can Mr. Mayor. th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you. Is Mr. Elim in the building? I was asking was he in the building; I didn’t see him back there. He’s my friend I don’t want to upset him I mean but I didn’t see him in the chair. Mr. Mayor: The Chair recognizes Mr. Elim from the Sheriff’s Department. Mr. Elim: Yes, sir. Mr. M. Williams: Mr. Mayor, I’ve got a couple of questions and I agree with my colleague Commissioner Hasan. We’re trying to make sure that people follow the guidelines and rules but I remember the situation he talked about. But I need to ask a couple of questions and that is because I don’t know the law enforcement side how that works and I think you know you’ve been down there for a long time and I’m sure you ought to know the answers to these questions. And I asked this question before, if a person gets caught with stolen merchandise I’ll say that person would probably be arrested for having stolen merchandise. Is that right? Mr. Elim: Yes, sir. Mr. M. Williams: What happens when the stolen merchandise is found in a business that has that same stolen merchandise? Does anything happen to that business owner? Mr. Elim: If the business owner knowing allowed the – Mr. M. Williams: Knowing and unknowingly now. Mr. Elim: --- that’s two different (inaudible). Mr. M. Williams: Okay, we’re going to assume unknowingly. If the merchandise is found in that business and the reason I asked that question is because if the merchant knows what’s going on and protected in there that’s one thing. But I know we’re living in the day where people are doing all kinds of things and I’ve got some issues when someone can come in and be in the back of this building doing something. That’s why we’ve got people like yourself 10 in security around here to kind of check. We’ve got no control back there. So how can we charge an owner for doing something that a patron did either inside or outside? Mr. Elim: Well, I would say to you is that we just didn’t just arbitrarily say we’re going to have her come down here for one instance. In fact there were three or four instances where we thought she should’ve took some proactive measures to discourage or keep that action from happening. When our personnel approached her, and I don’t mean to sound like I’m coming down on her, but it’s just the facts of the way it went. When our personnel talked to her at one particular time she said she couldn’t control what people do. Well, actually that’s not the thing we want to hear when we’re talking about businesses in Richmond County. We want to at least dissuade it somewhat. I understand what you’re saying, Mr. Williams, and I know you’re saying it in good faith but what I’m saying is there has to be some action on her part to slow it down and we didn’t see that. And that’s why in keeping with the same frame of mind with what you’re saying that’s why we didn’t swing a big hammer, we pulled back for a year. Mr. M. Williams: And that makes a lot of sense but and the reason I smiled because that’s part of the answer I would’ve gave you if you asked me. I can’t control it, I would’ve said that. So and I understand but I think there ought to be some measures put up signs or hiring staff to be inside. Mr. Elim: Well, we have what we’ve done in some other cases and it’s been fairly successful is that and not getting on the debate whether it’s smoke or no smoke we’re staying out of that fight but if you’re having such a problem and it’s kind of hard to distinguish other than the smell just go totally non-smoking you don’t have to worry about it. We’ve had success in a couple of other bars where we had marijuana smoking going on. Mr. M. Williams: Okay, that was my question I asked that question to several officers. That scenario I just gave you because I seen that many times. Mr. Elim: Yes, sir. We do take that I mean we’re just not arbitrarily getting --- Mr. M. Williams: Okay. Mr. Elim: --- (unintelligible) for that. Mr. M. Williams: Can you support six months if this body decides to do that? Mr. Elim: I think we could. Mr. M. Williams: Yes sir, thank you, sir. nd Mr. Mayor: The Chair recognizes the Commissioner from the 2. Mr. D. Williams: I’d like to hear from the business owner. Mr. Mayor: Okay. If you will, ma’am, if you’ll state your name. 11 Ms. Hall: Pamela Hall. Mr. D. Williams: Yes, ma’am, what have you done since the last in the last two weeks to improve the situation? Ms. Hall: We do have signs up. We do have a police officer on duty that works for us and we also had to let go some of our security that wasn’t as aggressive as we needed them to be in making sure that no one is smoking or doing anything illegal. And we do respect and understand the laws that we all are governed on but to answer his, to respond to him when I said I cannot control what people do however it is my responsibility to respond to it. And that’s what we try to do. We can’t control what you do when you come in there, but it’s our job to respond to it and make sure that we take measures and make sure that everyone is safe and everybody’s following the law. Mr. D. Williams: (unintelligible). Thank you. Ms. Hall: Thank you. Mr. Mayor: Any other questions? We’ve got a motion or substitute motion we’ve got a substitute motion at six months. I have not heard a second at this point. Mr. Mayor: (unintelligible) but I’ll do it again if I need to, Mr. Mayor. Mr. Mayor: All right. The Clerk: I’ve gotten it. Mr. Mayor: You got it, Ms. Morawski? All right Ms. Morawski has the eloquent second. All right our substitute motion is the following: Motion to approve a six-month probation period for the alcohol license, dance hall license and business license as held by Ms. Pamela Hall for The Grill d/b/a Avanti, 553/559 Broad Street. All those in favor will vote yea, all those opposed vote no. Ms. Davis, Mr. Sias and Mr. Guilfoyle vote No. Motion Passes 7-3. The Clerk: Item 25? Mr. Mayor: Twenty-five. The Clerk: FINANCE 25. Motion to approve the 2016 Budget Calendar. (Approved by Finance Committee June 9, 2015) 12 Mr. Mayor: All right Commissioner Williams and the Mayor had questions. Our Finance Chair brought this before us. The Chair recognizes, the Chair recognizes the th Commissioner from the 8. Mr. Guilfoyle: Mr. Mayor, the Finance Chair as far as myself did not bring this forth. This is actually put on from the Finance Director that shows us the calendar what every year that we go through. So as far as any questions as far as from you and Mr. Williams, Ms. Donna will be happy to answer each and every one, sir. Thank you. Mr. Mayor: The Chair recognizes the Finance Director Ms. Williams. Ms. Williams: I’ll be happy to answer any questions that the body has. Mr. Mayor: The question that the Chair has relates to schedule particularly in regards to the 2015 budget as we have the 2015 budget that we’re operating under now and I understand this is talking about putting the calendar together for 2016. Typically in experiences like this where we have resources that were identified to be a part of the current budget we make midyear adjustments. Would it not be prudent for us to include in this 2016 calendar time for us to make midyear adjustments to the 2015 budget for resources that are not there pursuant to the Storm Water Fee? In other words if there is no storm water money included, should we make a midyear adjustment to the 2015 budget while we’re in preparation for 2016? Ms. Williams: That would be entirely up to the body. But as you said this calendar specifically relates to a time table to adopt next year’s budget. But midyear or any other budget adjustment can be made to the current year’s budget at any time that the body would desire to do so. And we’ll be happy to work with you to get that done. Mr. Mayor: Would it be prudent to do that while we’re having this conversation in advance? Ms. Williams: We’re more than welcome to take that up now. I’ll be happy to follow the directions of the body but this is you know this is, we go through this process every year just to go ahead and put the 2016 Budget Calendar out. Most midyear adjustments to the current year budget are usually made around the same time that the millage rate is set at the end of July. But it can be done obviously at any time, sir. th Mr. Mayor: Okay. The Chair recognizes the Commissioner from the 8. Mr. Guilfoyle: Thank you, Mr. Mayor. You know what might be good is we actually bring this or not this one agenda item bring agenda item to the committee for discussion with the displacement of the storm water that was actually used as far as the balanced budget. We’re going to have to find the displaced money I think at the tune of $1.4M --- Ms. Williams: A million and a quarter. 13 Mr. Guilfoyle: --- okay a million and a quarter and find out where can we obtain the funding stream from in other words? But I see where you’re going with this as far as the calendar but that’s going to be a separate item all together, sir. Mr. Mayor: I couldn’t agree with you more that it’s a separate item, but I don’t know much but I’ve been working on billion dollar budgets for the last nine years and you typically when you have revenue that you were counting on that doesn’t show up you make adjustments and make those adjustments in advance of presenting the budget for the forward year. Mr. Guilfoyle: Can I respond, Mr. Mayor? Mr. Mayor: Yeah. Mr. Guilfoyle: You are so correct but we were counting on money to balance a budget where we did not have. We were counting on the storm water as the displacement. Well, now that the storm water is tabled we have to find an alternative funding stream. We might want to look at as far as what we budget for fuel for vehicles. Naturally we all realize and reap the rewards of the lower gas prices which actually brings a positive into our budget which there should be ‘x’ amount of money acquired from this last six months. I don’t have an accurate number but we can ask the Finance Director as well as the Administrator as to her position to lead the way finding a funding stream to displace this storm water. Mr. Mayor: I appreciate that, Commissioner. Here’s the Mayor’s recommendation. I think that the reason we pulled this from the consent agenda certainly to have worthy discussion but I think it’s imperative for us somewhere between on this calendar that is before us under Tab 25 I think it is imperative for us to include time for work and conversation about an amended 2015 budget. I just think it’s prudent. I don’t know how we move forward with preparing a 2016 th budget without that conversation. The Chair recognizes the Commissioner from the 8, from the th 4. Mr. Sias: Thank you, Mr. Mayor. And with all due respect to what’s being said and the experience of our Mayor on this it would be my thought that we include this on the next Finance Committee the consideration before us and have a definite item to discuss as far as the adjustment to the budget. However, with the present schedule for the 2016 budget before us I move that we approve and then, just one second I move that we, not move we’re going to we need to go ahead and get this budget calendar approved and then interject that consideration for With that being said I move that we approve the 2015 the amending of the present budget. Budget Planning Calendar as stated. Ms. Davis: I’ll second that. th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor, I think we’re going to get into the budget this year or next year but there is some money there we hadn’t talked about and that’s the recovery money from the storm and where all that is. I don’t know, Donna, is all that back? Did we 14 receive everything we were supposed to receive? Is there anything we can use to help either way with that? Is that on or off the table I guess? Ms. Williams: No sir, there are no additional funds available from the FEMA reimbursement. As you know some of those monies are, we’re still in waiting a decision to fund our appeal. Mr. M. Williams: Okay, and that’s what got us in the tight anyway. We had to use monies to do that because of the ice storm but I just wanted to mention that. Hopefully we’ll hear something soon. Mr. Mayor: So we’ve got a motion and a second. My final comment again is that I thought it was appropriate for us to again amend the calendar that’s before us and include in that July to August timeframe specific time on the calendar to make sure that we work on that amended budget as opposed to finding ourselves where we are. The Chair recognizes the th Commissioner from the 5. Mr. Lockett: Thank you, Mr. Chairman, if I may direct this to the Finance Director. What impact will the midyear adjustment have on the 2016 Budget Calendar if we’ve already established that? Will it have any impact at all? Ms. Williams: No, sir. Mr. Lockett: Okay, thank you, Mr. Chairman. Mr. Mayor: Thank you. We’ve got a, I’ll recognize you. The Chair recognizes the th Commissioner from the 8. Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Mayor, you have the authority as well as the Mayor Pro Tem to, let’s call for a workshop if that’s your sole desire and we will just sit there and discuss it. As far as this agenda we could set up a workshop at any given time with you and the Mayor Pro Tem’s authority but, Madam Clerk, would you put on the next committee Finance agenda discussion about budget --- The Clerk: Yes, sir. Mr. Guilfoyle: --- adjustment. Thank you, Madam Clerk. Thank you, Mr. Mayor. Mr. Mayor: We’ve got a motion and a second to approve the 2016 Budget Calendar. All those in favor will vote yea, all those opposed vote nay. Motion Passes 10-0. The Clerk: FINANCE 15 27. Motion to approve additional funding from the Contingency Fund for the Extension Service in order to assure continued services in the position of County Extension Agent. (Approved by Finance Committee June 9, 2015) th Mr. Mayor: The Chair recognizes the Commissioner from the 9. Mr. M. Williams: Thank you, Mr. Mayor. I guess my question would be going into Contingency for this is that I guess, Ms. Jackson, would be the one, Mr. Mayor, that can answer this for me. Is that feasible for us to do here now? Have you looked into that, Ms. Jackson? Ms. Jackson: Yes, that’s quite feasible. It’s quite feasible for us at this time. It’s a relatively small amount of money so it’s no problem for us to handle it out our Contingency. Mr. M. Williams: Okay, Mr. Mayor, I make a motion to approve. Mr. Smith: Second. st Mr. Mayor: The Chair recognizes the Commissioner from the 1. Mr. Fennoy: May I address Ms. Jackson? Mr. Mayor: Ms. Jackson. Mr. Fennoy: Ms. Jackson, I think the reason this item is on the agenda because the state cut back on their portions they were paying to fund this position. Ms. Jackson: That’s correct. Mr. Fennoy: And if we make up the difference this year what’s going to happen next year or is that too early to talk about that? Ms. Jackson: The state made this request of us with the understanding they want us to cover their portion what had been their portion of the expense through the end of this calendar year. They will be in the process of selecting a full time person for that position. At that time they will revert to paying, well, we’ll revert to our original split with the cost. So they believe that they should have a new hire in place in six to nine months. Mr. Fennoy: Okay, all right. Thank you. Mr. Mayor: We’ve got a motion and a second to approve. Voting. Motion Passes 10-0. The Clerk: FINANCE 16 28. Motion to approve proposed calendar for SPLOST VII with the proposed election date of November 3, 2015. (Approved by Finance Committee June 9, 2015) th Mr. Mayor: Well, thank you, Ms. Morawski. All right the Commissioner from the 9 pulled it. Madam Administrator, I think you’re going to be on deck. Mr. M. Williams: Mr. Mayor, if I can I wanted to make a substitute motion to move this from this November because in my mind the timeframe would not be sufficient enough to let us advertise and do what we need to do in order to jump up to come out. We’re going to have to set up a scenario for voting for one item which is going to be all over this county. It’s going to be very costly, it’s going to be very expensive to do and then turn around in March we’ve got to set the same thing back up again for another election. I know there’s a time lapse and I heard conversation about the time lapse in between the time we can collect and the time we can’t. But I’m trying to figure out which is the best of two evils so I mean which one’s is going to serve the greatest financial impact for this government. So I’m going to propose a motion to move this to March of 2016 versus November of 2015. Mr. Lockett: I second it. Mr. Mayor: We’ve got a motion and a proper second. The Chair recognizes the st Commissioner from the 1. State your inquiry. Mr. Fennoy: I guess my question is what would be the financial impact on businesses if we have the election in March as opposed to having the election in November or will there be a financial impact on the businesses? Mr. Mayor: The Chair recognizes the Administrator. Ms. Jackson: Yes, in terms of pure financial impact I wouldn’t be able to quote you a number. I do know that there is an administrative cost if nothing else to those businesses if the SPLOST is not continued past the end of March. Right now current collections for SPLOST III would end at the end of March. If there is interruption they would have to take the penny off their systems and then go back at a later date and add it and I would imagine that creates at the very least some administrative inconvenience. But I don’t have a pure dollar figure associated with that. Mr. Fennoy: Well, I think if this is going to have a significant impact on the businesses I think that we need to know what that impact is and if it’s not then we need to know that also. Mr. Mayor: Absolutely, all right. I’m going to go all the way to the end first and I’ll th come back. The Chair recognizes the Commissioner from the 4. Mr. Sias: Call for the question, Mr. Mayor. Mr. Mayor: I’ve got more discussion than debate. All right, you didn’t get a second. All th right, the Chair recognizes the Commissioner from the 9. 17 Mr. M. Williams: I’d like to hear from our Finance Director, Ms. Donna Williams, as to what the impact would be to have an election in November then turn around and have another election in March which is going to be obvious if we do one in November. Can you tell us what the cost would be for us to do that? Ms. Williams: The information that’s been provided by the Board of Elections estimates the cost to the county wide election be approximately $85,000 dollars. Mr. M. Williams: So, Mr. Mayor, if I can follow up? Mr. Mayor: You certainly can. Mr. M. Williams: Thank you, sir. We had to do that twice that’s $85,000 dollars times two if we do it in March I mean in November and then again in March. Is that right? Ms. Williams: Well the one, the election in March will be held anyway. Mr. M. Williams: Right. Ms. Williams: Yes, sir so that would be accounted for in your 2016 budgeting process. The estimated cost of this election has been included in the 2015 budget process so those funds are there. Mr. M. Williams: And I don’t want to put anything on the businesses or anything else but I’m trying to figure out what the greatest like Commissioner Fennoy said. I’m trying to figure out what’s the greatest impact if we’ve got to do it and it looks like we’re in this situation where we’re going to have to do it. It’s not that we’re just randomly picking something, I mean we’ve got to make a decision on it. And if you do it one way it’s going to be eighty-five you said plus twice. Ms. Williams: Right the cost to the government for the county wide election would be approximately $85,000 dollars. The lapse in your collections from your SPLOST would be a little over $3 million dollars a month. Mr. M. Williams: Okay, so if we lose and that’s another scenario we hadn’t talked about and we’re trying to make sure that the voters understand we need to keep this SPLOST continuously. Now we’re not just deciding we want to change and do the elections at a different time but if we don’t have enough time to educate the people, if we don’t have enough time to put our package together that the community’s going to wrap their hands around and understand then if we lose it then that $3 million you’re talking about a month plus the eighty-five to put it on all that’s going to be gone. Ms. Williams: If this SPLOST would fail there would be a year before it just like before it’s a year before it can be brought back up again. 18 Mr. M. Williams: Yes, ma’am, thank you. Mr. Mayor: Ms. Williams, at what point would the current SPLOST collections expire? Ms. Williams: The first quarter of 2016, the end of March. Mr. Mayor: End of March. Ms. Williams: Yes, sir. Mr. Mayor: And at the point of time with having an election in March we would immediately begin collections 90 days after that is that not true? Ms. Williams: 90 days after a, I can’t rattle it off quite as good as Tim, it’s after the beginning --- Mr. Schroer: Excuse me it would be the 80 days, the first quarter of the first, first quarter st 80 days past the election (inaudible) March it would be July 1. Mr. Mayor: I’m just trying to help you arrive at a (unintelligible). Mr. M. Williams: Yeah but my question to you is we still got 80 days if we if it goes up to March is that right and then we won’t be able to collect for 80 days. So what would the businesses do for that at that point? Ms. Williams: They would have to change their registers to take that off --- Mr. M. Williams: Okay. Ms. Williams: --- and then they would have to change it put it back on. Mr. M. Williams: That helps my case. rd Mr. Mayor: All right, the Chair recognizes the Commissioner from the 3. Ms. Davis: Thank you, Mr. Mayor, I’d like to make a substitute motion to approve rd the proposed calendar for November 3. My concern is if we do have this lapse in collections it will you know it seems like there’s a consensus on this commission that our infrastructure is in badly need of a lot of really large projects that were even proposed last year on the SPLOST package. So the project list does exist from last year. I know that we will change some things on that list because it’s a year after but for the most part the needs are still the same. And my concern is if we do have that lapse we’re just going to go backwards. So that’s my substitute motion. Mr. Guilfoyle: Second. 19 Mr. Mayor: All right, all right, we have an original substitute motion which is to adopt a March 2016 date. We will take action on this first. We’ve got a motion and a proper second so we’ll take action on that first. If that motion were to fail we will refer to the main motion the primary motion which is what is before us. The substitute motion is that we as it’s written for clarification the substitute motion is to approve proposed SPLOST VI with a proposed election date of March 2016. We’ve got a motion and a second. All right, the Chair recognizes the th Commissioner from the 5. Mr. Lockett: Thank you, Mr. Chairman. For some reason or another we are providing lots of misinformation. SPLOST can be used for capital projects but what we need is we need to have potholes filled, we need to have streets resurfaced, we need to get rid of blighted structures. We need some new buildings but that’s not the number one priority. I mean you go through this city and this county in areas it’s deplorable so let’s stop misleading the people making them believe that SPLOST is the answer because SPLOST is not going to accomplish anything unless we have a storm water fee. Let’s be honest to the people and those that question us let’s just tell them, let’s break it down. We are supposed to be the ones in the know we’re the ones sitting up here. And let’s not make them believe that SPLOST is going to be the answer to their questions because it’s not. I’m going to still get those calls every day because why is the right of ways cut, why do I have this big pothole in front of my house, why hasn’t my street been resurfaced in the last 30 years. SPLOST is not going to take care of that so let’s be honest with the people. Thank you, Mr. Chairman. Mr. Mayor: Thank you. All right we have before us a substitute motion. All those opposed will vote no all those in favor of the substitute will vote yes. This is for March 2016 SPLOST. Mr. Lockett, Mr. Hasan and Mr. M. Williams vote Yes. Mr. Guilfoyle, Mr. Sias, Mr. Frantom, Mr. Fennoy, Mr. D. Williams, Ms. Davis and Mr. Smith vote No. Motion Fails 3-7. Mr. Mayor: All right back to the main motion. Voting. Mr. Lockett, Mr. Hasan and Mr. M. Williams vote No. Motion Passes 7-3. The Clerk: Item 40? Mr. Mayor: Item 40. The Clerk: PLANNING 40. Z-15-15 – A request for concurrence with the Augusta Planning Commission to deny a petition by Robert Collier Sr., on behalf of ACM Browncroft CR. LLC, requesting a change of zoning from Zone R-3C (Multiple-family Residential) with stipulations to Zone 20 R-3B (Multiple-family Residential) affecting property containing approximately 5.72 acres and is known as 411 Pleasant Home Road. Tax Map 016-0-048-00-0. DISTRICT 7 Mr. Mayor: The Chair recognizes Planning Director Ms. Melanie Wilson. Ms. Wilson: I’m going to see what I can do to get the presentation up on the screen. This is a request that is from Robert Collier. The address is 411 Pleasant Home Road. The current zoning is R-3C with limited uses. Currently there’s congregate care personal home. It is located on the site and the remainder of the property is basically set up as an R-1 family residential zone. There’s a mix of residential land that’s surrounding this property. This is the current property right now, here. These are the mixed uses that are located next to it. Technology can be your friend or your enemy, I’m sorry, I’m trying to move this, okay as you can see the property here is the property in question that is subject to the rezoning request what you’ve got adjacent to it is a multi-family property that is zoned currently R-3B. That zoning took place in the 1990’s. You’ve got R-1B which is basically still single-family that’s located south of the site. Across the street from the site you’ve got a mix of single family homes as well as some townhomes. At the Planning Commission we had 57 concerned citizens that showed up to express their concern with regards to this particular request. What you’re seeing now is a proposed site plan by the developer to develop the adjacent parcel of property. This is where the nursing home is currently located, I’ll take that back. This is where the nursing home is. This is the property that’s in question with regards to being rezoned. The applicant proposed to rezone the property to R-3, excuse me to R-3B, which would allow 80 apartments or townhomes for the property. As you can see currently there is a shared driveway that provides access to the property which is right here. This is the concept plan that was provided to the Planning Commission with regards to the development of that property and if this is approved would be part of the recommendation with regards to materials and overall concept. Looking at the property this is what the existing conditions are right now. If you can see it is a single story mixed use property. This is going around the property you can see this is the internal driveway. This is the existing retention pond. And again another view of the driveway and I’m showing you this driveway because right now the driveway was put in place when the property was developed as one continuous parcel and it got subdivided in as I said in 1998. When the property was originally zoned it was zoned with the understanding that the R-3B property that you saw was going to be developed under R-1 conditions which is basically single family. The Planning Commission at their meeting voted to deny the request, however, if you decide that you want to recommend approval of this request we would ask that you have the following conditions applied. The site plan submitted must comply with the concept plan submitted. They did come back and revise the number of units that they asked for and reduced the number to 57 units. Again one of the concerns that we had when doing the review was access not only from the internal driveway but also access off Pleasant Home Road. The road conditions there are already very high with regards to the level of service there and there’s some issues with regards to just access to this property. The private driveway that’s currently going to be used must comply with the specified recommendations for the Augusta Street and Road Technical Manual as it relates to not only the subgrade base and paving but the roadway width as well. They need to conduct a traffic study again. Currently the traffic conditions at Pleasant Home Road are quite right now they’re taxing, it’s very difficult to come out and make a left turn there’s no signalization there. 21 Mr. Mayor: Ms. Wilson, can you suspend for a moment. We have a question. Mr. Speaker: No question. Mr. Mayor: No question? Okay continue. Ms. Wilson: Okay, again these are the conditions if you decide that you’re going to approve them because we want to make sure that they’re part of record. The fourth is that the parking lot and security lighting must be directed away from the current residential property and that a sidewalk be installed along Pleasant Home Road where the property fronts the street and meet the construction standards of the Traffic Engineer. Again the staff recommended denial of this request based on the fact this property was just rezoned not even five years ago. As part of that rezoning the recommendation at that time was that this portion of the property would be developed under R-1 conditions. The conditions of the roadway have not changed with regards to impact of traffic and it could have an adverse impact on the surrounding community. Mr. Mayor: Thank you, Ms. Wilson. The Chair recognizes the Commissioner from the th 5 Commissioner Lockett. Mr. Lockett: Thank you, Mr. Chairman. Ms. Wilson, with the recommendations with the information you just provided us those people that are in opposition to having this building there have they been provided this information? Ms. Wilson: Yes, they have and I will say that the developer basically when they initially came into our offices with this proposal we suggested that they go and talk to the people in the neighborhood just to let them know what they’re proposing and so that it wouldn’t be a surprise. And I know that they did that. They also after we spoke with them and asked them to reduce the density they didn’t reduce it to what we recommended they reduce it to but they did reduce it to what they thought they were comfortable with to make their numbers work. And while I understand that that doesn’t mean that that’s in the best interest of the community or is the appropriate density for the lineage use at that location. But they were aware of it. They’ve had the information the developer was gracious enough to at least go through the process to try to do some redesign and some amendments and did reach out to the community but I do know a number of those members are here in the audience now and I’m sure they’ll say something. Mr. Lockett: I believe you indicated there were about 57 in opposition initially? Ms. Wilson: That’s --- Mr. Lockett: And after the recommendation or the revisions were made were there still 57? Ms. Wilson: --- yes, they were not they did not want any townhome type development. Again they were concerned with regards to the amount of traffic it would generate. Mr. Lockett: All right, thank you very much. Thank you, Mr. Chairman. 22 th Mr. Mayor: Thank you. The Chair recognizes the Commissioner from the 7 Commissioner Frantom. Mr. Frantom: Thank you, Mr. Mayor. I’d like to thank all of the District 7 residents for coming out here today. Some of you have shown leadership on this agenda item. And I was I make a motion to deny handed a petition with 235 signatures before this meeting started so the petition. Mr. Lockett: Second. Mr. Mayor: All right, Ms. Morawski, hold just a moment. We do have a, thank you, Ms. Wilson. We do have a petitioner who will speak on this matter. We’d like to recognize at the podium Mr. Trotter. Mr. Trotter: Thank you, Mr. Mayor, members of the Commission. If I could with the City Attorney office pass out a letter --- Mr. Mayor: You may. Mr. Trotter: --- to the Clerk and members of the Commission. Mr. Mayor: Certainly. Mr. Trotter: And I understand, Commissioner Frantom, where you’re coming from and I understand there’s certainly a lot of opposition here. And I actually agree with every single thing that Ms. Wilson said. She’s exactly right about all of it except the recommendation for denial in our opinion. One of her slides showed the R-3B zoning in the immediate area and she’s right. We’re not seeking to put a concrete plant right there we’re seeking to put a development that is consistent with our developments in the immediate area. A developer did agree to reduce it to 57 units an acre which is a 10-unit per acre density which is a lower density than the density immediately adjacent to it. It’s also a lower density than the other properties in the area. There’s already R-3B in this area and she’s exactly right about traffic, the traffic’s bad on Pleasant Home Road. There’s no doubt about it and this development will lead to more traffic on Pleasant Home Road. There’s no two ways about that. And while the traffic concerns are what have brought out the people here today and would have led to the petition delivered to you with the signatures. And those concerns are real there, they’re not a legal basis to deny rezoning. The Georgia courts have said many, many times that you’ve got to have, to deny a rezoning and to tell a property owner what he can and can’t do with his property you’ve got to have a constitutional basis to do so. And to do so you have to show that the rezoning would adversely affect the public health, safety, or welfare. Increased traffic isn’t a concern and the cases are a mile long in the Supreme Court that say that. And so the one thing Ms. Wilson did not mention is the building that’s there has been vacant for a number of years, there’s trees growing up inside of it. It’s a hazard as it exists right now. There’s criminals out there now. This development is going to demolish that building and build new structures with new people coming into Richmond County. It’s going to improve the roadway there, widen it from 18 to 24 feet, install sidewalks if approved, install new 23 lighting back there if approved. And so while I understand the political reasons for denying it I certainly understand why all the concerned citizens are here. They’re used to this, they’ve been trying to oppose multi-family areas throughout that whole neighborhood for many years now. I understand all that but it doesn’t mean that there’s a legal right to deny the rezoning. For that reason we respectfully request that the rezoning be approved. Mr. Mayor: The Chair recognizes the distinguished Engineering Committee Chairman Commissioner Fennoy. Mr. Fennoy: Yes, if this item is approved what would be the cost for the units? Has that been determined yet? Mr. Trotter: The rental prices would range from about $950.00 to $1,100.00 dollars a month. Mr. Fennoy: Is it possible to hear from a representative that one person that’s in opposition to this? Mr. Mayor: I believe that’s reasonable. Sir, if you would approach this podium and if you’ll --- Mr. Speaker: (inaudible). Mr. Mayor: --- that’s fine. Oh, you have a presentation. Okay, all right if you will state your name and if you’ll give us your address for the record. Mr. Sasser: Yes, sir, I’m Randy Sasser, 2925 Foxhall Circle. Mr. Mayor: And Mr. Sasser --- Mr. Sasser: Yes, sir. Mr. Mayor: --- you have five minutes. Mr. Sasser: All right, I practiced on talking a little slower so I didn’t want to be misunderstood. Mr. Mayor and Commission, thank you very much for the opportunity to address this body today. I am here requesting your help primarily to help protect the Pleasant Home Road corridor. There is some serious concerns here way beyond traffic. The apartments number one at 411 Pleasant Home Road do not conform to our Comprehensive Zoning Ordinance. Chapter 11 Community Agenda Page 288 clearly states Spot Zoning should not be done. This is clearly Spot Zoning. This alone should be enough not to approve this petition. We have declining neighborhoods along the Pleasant Home corridor and we need your help in preserving our neighborhoods. Declining neighborhoods declining property values for all of Augusta Richmond County and we are very happy the Planning and Development staff and Commission agree to deny this petition. Abiding by our Comprehensive Zoning Ordinance works to preserve neighborhoods and property values. First of all 411 Pleasant Home Road in 24 accordance with the Comprehensive Zoning Ordinance instructs that apartments must be constructed in commercial and transitional zones. This address is not a commercial or transitional zone and does not meet the requirements for R-3B zoned housing as outlined in our Comprehensive Land Use Plan. The current conditional zoning allows for 2.9 units per acre. This tract that would equal 16 units not 57. The Pleasant Home corridor is predominantly single family homes and has been for decades. The Comprehensive Land Use Plan instructs that the development must conform to the surroundings. Multi-story apartments do not conform to these surroundings. The current townhome neighborhoods in the Pleasant Home Road corridor are mostly owner owned not rental units. The property is right for infield development we agree with that, something’s going to go in there we agreed. There are many great examples of infield development right along the Pleasant Home Road corridor and I draw your attention to Ansley Court and Pleasant Cove for that same type of infield development. No one is against the apartments, apartments in the right transitional location are fine. And I have flagged on this picture here ten different high density R-3B zones right here in our neighborhood right behind us. And just adjacent to that please bear in mind there’s 300 apartments now being constructed at I-20 and Walton Way Extension. Speaking in regards to the traffic in 2013 the Georgia Department of Transportation count was showing an excess of 11,000 movements a day in this section of Pleasant Home Road. That equaled a vehicle passing every 8 seconds. Try to get in and out of your neighborhood with that density of traffic. Not to mention the emergency ingress/egress at the nursing home that is right next door to this property. A 2010 analysis of the traffic flows classified the level of service of Pleasant Home Road a ‘D’ on a scale of A to F. We’re failing the neighborhoods on Pleasant Home Road. Today we’re failing those members of our community. Pleasant Home Road was built for access to single family homes and single family home neighborhoods. The driveway of this property does not align with the Sugar Mill Drive right across the street. It’s a misalignment that is surely going to cause another traffic issue right in the middle of Pleasant Home Road. With the level of service and the high traffic volume we need less traffic on Pleasant Home Road not more. The pond on this property, this is not a retention pond, this is designated wetland. It is already in our GIS Survey you can see that information there today. With the increased regulations here very recently from the EPA regarding wetlands and streams and with Augusta’s current storm water issues it’s best to leave the wetlands alone. The wetlands pond was not constructed with a proper spillway. This is not a storm water retention pond. A storm water retention pond cannot be consistently full of water. This proposed amount of impervious surface parking lots and driveways along with 57 apartment buildings will certainly increase the storm water runoff into this wetlands pond. The pond has silted in considerably over the years reducing the average total depth. With no proper spillway minimal pond depth the wetlands pond does not meet the requirements to qualify as a storm water retention pond. The developer has not included any space for proper storm water retention. The increased pressure on the wetlands pond, the lack of a proper spillway and the flood potential onto Pleasant Home Road and downstream homes will certainly increase the storm water pressure on to the Rae’s Creek watershed. Mr. Mayor: Your time has elapsed, Mr. Sasser. Mr. Sasser: The good stuff is just coming. Thank you. Mr. Mayor, one more quick comment. The owner of the nursing home also has representatives so I think they have probably the, a very large concern in this as well. Thank you. 25 Mr. Mayor: All right we’ve heard from the Planning Director from supporters of the project. We’ve heard from opponents of the project. We have before us a request for concurrence. Are there any additional questions? What’s the pleasure of the body? Mr. D. Williams: I make a motion that we concur with our Planning Department to deny. Mr. Fennoy votes No. Motion Passes 9-1. Mr. Lockett: Mr. Chairman, a point of clarification. Mr. Mayor: Commissioner, suspend. Let’s give them an opportunity to exit the Chamber. The Clerk: PLANNING 41. Z-15-22 – A request for concurrence with the Augusta Planning Commission to deny a petition by 4 Site Investment, LLC, on behalf of Georgia Vitrified Brick and Clay LTD and A. Van Keuren III, requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) on property located on the south right-of-way line of Gordon Highway, 420 feet, more or less, east of Craig Sims Parkway. The property contains approximately 2.6 acres and is part of 2630 and 2650 Gordon Highway. Part of Tax Map 081-0-001-01-0 and part of 081-0-016-00-0. DISTRICT 4. Mr. Mayor: Continue, Ms. Morawski. th Mr. Mayor: All right, the Chair recognizes the Commissioner from the 5. Mr. Lockett: Mr. Chairman, what I wanted to do is see if we could treat them as move to approve the companion items but since I didn’t get that opportunity I would like to agenda item which is to deny. Mr. Sias: Second. Mr. Mayor: All right, I think I’m going to answer your question. I think I am but I’ll st give, the Chair recognizes the Commissioner from the 1 Commissioner Fennoy. Mr. Fennoy: Yes, I want to hear from the Planning Commission as to the reason for denial. Mr. Mayor: All right, thank you and on deck if we have any objectors I’ll want to hear from you as well. I believe we have a representative and we want to make sure we do give you the opportunity to be heard as well. The Chair recognizes the Planning Director Ms. Wilson. 26 Ms. Wilson: Basically the applicant for the first item which is the request to rezone the property from Agriculture to Business. That’s going to be the, let’s see if it shows up that area of the property. This request is for a general use B-2 Zoning which permits a wide variety of commercial uses. Some of the uses would not fit within the established pattern of development along the highway and the one thing that a lot of people don’t realize is that you can up to 29 units per acre in a B-2 Zoning class. The only element of the property with regards to the development of roadways would be a 25-foot private road which would traverse through the eastern part of the property. Here are the findings that we have used with regards to our recommendation the request to rezone the Agriculture portion as well as the others are not consistent with the Joint Land Use Plan. We work with a joint group of people in the CSRA which includes the Fort as well as other Planning Directors and people in the community to make sure that we’ve got an area that is protected from the boundary of the military base. This property is within 3,000 feet of that boundary in fact it’s closer than that. Calculating the other issues with regards to this property the property would, does not have adequate water and sewer you would have to bore underneath the highway to get to that for Gordon Highway on that side of the property. We’ve got a similar use that is located north of the property that has the current, has the appropriate infrastructure in place. But more importantly after having discussions with people at Fort Gordon who have submitted a letter and I think somebody’s here to speak on their behalf as well as looking at all the additional uses that could be developed here it is not consistent with the current plans that are in place. It does not have the infrastructure that is needed to appropriately develop it. It is adjacent to the Fort Gordon’s boundary and therefore is not consistent with the plans that we have so staff recommended denial of this request. The same conditions follow. The property that’s located on the rear portion which --- Mr. Mayor: Item 42? Ms. Wilson: --- it’s Item 42 because they’re companion documents. Basically what you see here is a proposal to do multi-family development. You’ve got issues with regards to that property impacting wetlands as well as coming up to the actual barrier of the military base. And this is pictures looking at the property very quickly along Gordon Highway. Mr. Mayor: Thank you, Ms. Wilson. Mr. Fennoy: I’ve got one more question. And, Ms. Wilson, I kind of understand your reason for wanting to deny the petition but does that sort of limit the property owner’s ability to develop that property because it’s so close to Fort Gordon? Ms. Wilson: Well --- Mr. Fennoy: And I guess and I guess it seems to me that it would be in the best interest maybe if Fort Gordon to acquire that property so that, you know, we wouldn’t be probably having this conversation. Ms. Wilson: --- well, we’re in the process of working on an updated Joint Land Use Plan in partnership with as I said the CSRA Alliance as well as other planners in the community. The Fort has an arm of within it that can look at adjacent properties. Whether they have the resources 27 to purchase land right now I’m not that familiar in detail with regards to what resources that they do have. But I can tell you this, currently based on the zoning that is in place they do have a right to develop it for something. One of the issues and concerns is you know the proposed density in having something that is that close to the gate as well as the fact that right now there are already issues regarding traffic there at that location for the military installation. As part of the review and update for this Joint Land Use Study that we’re doing and that we are mandated to update we will be looking at what other options are available for people that have property that are within that sphere. One thing good be transfer of development rights which I talked about when I first got here as a possible option that can be used to insure that property stays vacant but that development could happen at a higher density someplace else in the city. Mr. Fennoy: All right, thank you. th Mr. Mayor: The Chair recognizes the Commissioner from the 4. Mr. Sias: Thank you, Mr. Mayor. Just let me, I’ve got a statement and a motion to make but I want to get something clear. Did we accept these two items, Items 41 and 42 as companion items or not? Mr. Mayor: We did not unfortunately. I wish we had. Mr. Sias: Thank you, Mr. Mayor. What I’ll say will refer to Item 41 and 42 respectively. We’ve had a, we received a letter from the Garrison Commander at Fort Gordon and they are in clear opposition of this plan and this rezoning. And they delivered us a very detailed outline letter to that effect. We also know that the CSRA Alliance is against this but greatly and importantly is what the Garrison Commander felt about this. And we got a clear indication of their concerns and the traffic and issues and other things that are going on Gordon Highway. So with that being said, Mr. Mayor, I know I believe my colleague had made a motion to deny this and I second it. And call for the question, Mr. Mayor. Mr. Mayor: With no further discussion we’ve got a motion and a second. Voting. Mr. Sias votes No. Motion Passes 9-1. Mr. Mayor: You know the wonderful thing about, no, I’m not going to even say it no. Let me introduce something before we get to that point, Ms. Morawski. Before each of you is an addition to the agenda. We want to add to the regular agenda the item that is before you concerning transit bus service, state for the record. You have that before you. The Clerk: ADDENDUM 44. Motion to discontinue the Ft. Gordon Bus route effective June 27, 2015 and to task the Transit Director to provide notification to Fort Gordon and public notice of the cancellation of this bus route immediately. (Requested by Commissioner Lockett) 28 Mr. Mayor: All right I’m going to go in this order. I’m going to recognize the th Commissioner from the 5 just to speak to this matter as we introduce it and then I’m going to go --- Mr. Fennoy: Do we need unanimous consent to add? Mr. Mayor: --- we do. Mr. Fennoy: Okay. Do we vote on that first? Mr. Mayor: Well, if you’d like to we can but I was going to tell you something but you don’t probably want to hear it right now. You really don’t need unanimous consent; I can add items to the regular agenda. Mr. Hasan: So who’s making, so who’s doing it is it yourself, are you doing it or Commissioner Lockett? Mr. Mayor: That’s what I just did. I just added it --- Mr. Hasan: Okay. th Mr. Mayor: --- and I’m recognizing the Commissioner from the 5 so he can speak to the matter. Mr. Fennoy: Okay, I want to speak to the matter too. Mr. Mayor: That’s fine but I’ve added it to the agenda. Mr. Fennoy: Okay. Mr. Mayor: I’m going to go back to it, yes, sir. All right, is everybody on the same th page? Very good. The Chair recognizes the Commissioner from the 5 to speak to this matter. Mr. Lockett: Thank you, Mr. Chairman. I think everybody in the state of Georgia knows how I feel about public transit. My former colleague Commissioner Mason and I worked on this for over two years to get the route to Fort Gordon but sometimes you have to face reality. This thing wasn’t rolled out properly. The way the schedule was if you wanted to go out to Fort Gordon let’s say to go to Eisenhower Medical Center you might be able to ride the bus out but by the time you saw the doctor and got your prescription filled you’d have to wait five or six hours to catch a bus back. And that just didn’t work out and so believe it or not I don’t want to waste taxpayers’ money. And it’s got to the point where it was just a waste and a drain on our budget. I’m not quitting I’m still going to continue to work on Fort Gordon but now we have a Transit Director in place. I think many of the routes are going to be changed somewhat so don’t be surprised if one day we don’t have a functional route that’s going out the Fort Gordon. Thank you, Mr. Chair, and in this case I also make a motion that this agenda item be approved. 29 Mr. Guilfoyle: Second. Mr. Mayor: All right. We’ve got a motion and a second. All right, the Chair recognizes stnd the Commissioner from the 1 then the 2. Mr. Fennoy: Yes, I agree with the bus route being discontinued but I think when it was first reported we had most of the riders at Fort Gordon on Saturday’s the weekend. And I think at some point in time we need to look at maybe having a, because most of the soldiers are working Monday through Friday anyway and but I think at some point in time we looked at maybe a bus that goes from Augusta to Fort Gordon on a Saturday. And we look at the frequency so that the same thing that you know if you go out to Fort Gordon and you don’t have to wait three or four hours before you get another bus back out there. I think it was a good idea that Commissioner Lockett and Commissioner Mason had and I think it shows that the city of Augusta is concerned about its soldiers and want to be good partners with the Fort. But I think that rather than just abandoning the idea all together I think that we look at the feasibility of a th Saturday route and even look at the feasibility of a holiday route. I mean if the 4 of July is on a Saturday and soldiers won’t be working then maybe we could have a bus running back and forth that would get to the soldiers that an opportunity to go the mall or to go downtown and get back to the Fort at a reasonable cost. nd Mr. Mayor: Thank you. The Chair recognizes the Commissioner from the 2 Commissioner Dennis Williams. Mr. D. Williams: Thank you, Mr. Mayor. I understand all the reasons why we don’t have a bus route to Fort Gordon but I don’t like it. First of all we had tasked our Transit Director to look into the route to see how we can make it better. She hasn’t even had enough time to do that. Then this instruction is to cancel the bus route immediately. That’s totally unfair to the people that have to ride the bus. Everybody that goes to Fort Gordon on the bus is not going to Fort Gordon just to see it a lot of them are going out there to go to work. And it’s unfair to those individuals of our community not to provide them transportation. I understand that the Fort wasn’t so keen about having the route out there. All that’s well and good and all that good thing. But still we have a responsibility to all the citizens of this community if they have a car or ride the bus or the bicycle to provide them public transportation and we need to make sure in spite of what they say that we provide public transportation to our citizens even if it goes to Fort Gordon. I don’t like it. Mr. Mayor: Thank you, thank you. I’m going to recognize we’ve got a motion and a proper second and we’re to move forward but I’m going to recognize the distinguished sportsman on the end down there Commissioner Grady Smith. Mr. G. Smith: No man MVP in my own mind. But anyway what I was thinking about is I wish we could task somebody you know I was a soldier back in the 60’s and time they said dismissed I was jumping in a cab and getting to Victory Drive as quick as I could. But I can’t understand why we can’t get a group together, and I know the Command Sergeant Major down there can help out with this, he and get these smaller buses like these churches have where we 30 could put them on a couple of different routes, see what that would cost. I mean you know we ran it for half a year and found out we lost several hundred thousand or one-hundred fifty but anyway is do something like that. It’s now 2015 these guys don’t act like the soldiers did back in the 60’s, 50’s, 60’s and 70’s. You know they’re not going to wait at a bus stop and most of them have their own vehicles anyway. And you know that’s what took me a while to understand what POV meant. But it’s privately owned vehicle and most of these soldiers now have their own transportation. And when they get a chance to go they want to go, they don’t want to stand at a bus stop for two hours. But anyway I want to see continued service out there what we can but let’s do it the smart way and get some folks involved that understand what’s going on out there with our bus director and see if we can use smaller carryall busses or whatever would suit the problem to serve different areas. Maybe at a smaller cost we can go to a few more areas and a few more times. So that’s must my idea and I want to see us stay involved with Fort Gordon as a vital part of this community. Mr. Mayor: I appreciate that, Mayor Pro Tem. I share the sentiments of this body that we want to be continually good partners with Fort Gordon. I do not believe that the action today to discontinue the bus service suggests or infers in any way that we are not good partners. There’s a recognition on behalf of the folks at Fort Gordon that this has not been a feasible plan long term for the city. They are very appreciative of our willingness to engage in this manner and they certainly will understand the action that we’re taking and why we’re taking that action st on today to discontinue service. All right, the Chair recognizes the Commissioner from the 1. Mr. Fennoy: Yes, I’d like to make a substitute motion that I think when we gave the, tasked the Director with coming back with a plan and at least allow them to come back with a plan before we discontinue the services all together. That’s my substitute motion. Mr. Mayor: The substitute fails without a proper second. We have a motion and a th second that’s before us. The Chair recognizes the Commissioner from the 5. Mr. Lockett: I’ll be brief, Mr. Chair. I just want to correct a couple of things. Fort Gordon was extremely receptive when Commissioner Mason and I approached them about going out there. They worked diligently with us. The Transit Director has indeed completed his study on this and he has indicated that he doesn’t feel that to continue the route to Fort Gordon at this particular time is feasible so that has been done. And when I was in the military making $78.00 a month we loved the bus but soldiers are making big dollars now and many of them because of the sporadicness of our bus system out there chose to do taxis and you can’t blame them. Thank you, Mr. Chairman. Mr. Mayor: All right we, all right, all right, all right. I know we’ve got just one more item that’s before us after this one. Everybody just be patient, we’re doing the business of the people. We have a motion and a second to discontinue the Fort Gordon bus ride effective June nd 22. Voting. Mr. Fennoy and Mr. D. Williams vote No. Motion Passes 8-2. 31 Mr. Mayor: Okay, before we take up Item 42 I want to just, there’s a lot of work and I want to applaud the Commissioners for your willingness to stick around and stay the course. Two weeks ago we placed storm water on the table today we approved the SPLOST Calendar. We also approved the 2016 Budget Calendar that both as our Commissioner Lockett indicated a moment ago are directly impacted by the storm water fee. As I said before and I’ll say it again I want to encourage this body that in our next full session that we take up the storm water fee. It’s important in that as we take it up we do not settle for ‘B’ status. The things that we’ve seen and presented suggest ‘B’ status but too long as citizens in Augusta in our city we’ve been at the ‘B’ level. We need to be A+ students in an A+ city. And so there’s a lot of work that needs to be done over the next several days in order to get us to that point. I will tell this body that the Mayor’s office is prepared to work with us collectively as a group to get us there for the growth of our city and certainly the quality of life for all of our citizens. And so we’ve got plenty of time over here in the next 7-10 days to try and get that done. I hope we’ll get everybody together to make that happen. Ms. Morawski, item number 42. The Clerk: PLANNING 42. Z-15-23 – A request for concurrence with the Augusta Planning Commission to deny a petition by 4 Site Investment, LLC, on behalf of Georgia Vitrified Brick and Clay LTD and A. Van Keuren III, requesting a change of zoning from Zone A (Agriculture) to Zone R-1E (One-family Residential) on property located on the south right-of-way line of Gordon Highway, 420 feet, more or less, east of Craig Sims Parkway and also being 200 feet, more or less, south of Gordon Highway. The property contains approximately 5.4 acres and is part of 2630 and 2650 Gordon Highway. Part of Tax Map 081-0-001-01-0 and part of 081- 0-016-00-0. DISTRICT 4 Ms. Davis: So moved to deny, Mr. Mayor. Mr. Lockett: Second. Mr. Mayor: Attorney MacKenzie, I think they’re just ready to go home. All right, we’ve got a motion and a second. All right, the Chair recognizes Attorney MacKenzie. Mr. MacKenzie: I recommend that you give an opportunity for the petitioner or any objectors to speak if they wanted to. Mr. Mayor: Agreed any petitioners or objectors to speak on this matter minus Ms. Wilson. There being none, we’ve got a motion and a second. Voting. Mr. Guilfoyle out. Motion Passes 9-0. Mr. Mayor: All right item number 43. Oh that’s right we moved that to the consent agenda. Looks like ya’ll want to go home. 32 Mr. Lockett: Just waiting on you. Mr. Mayor: Meeting is adjourned. [MEETING ADJOURNED] Nancy Morawski Deputy Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of The Augusta Richmond County Commission held on June 16, 2015. __________________________________ Clerk of Commission 33