HomeMy WebLinkAboutRegular Commission Meeting September 15, 2015
REGULAR MEETING COMMISSION CHAMBER
SEPTEMBER 15, 2015
Augusta Richmond County Commission convened at 2:00 p.m., September 15, 2015, the
Hon. Hardie Davis, 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: We hereby call this meeting to order. The Chair recognizes Madam Clerk.
The Clerk: Yes, sir. We will have our invocation delivered by the Rev. J. Todd Wiggins,
Pastor of the Hillcrest Baptist Church. Please stand after which we’ll have the Pledge of
Allegiance.
The invocation was given by the Rev. J. Todd Wiggins, Pastor, Hillcrest Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Ms. Bonner, before we go to the delegations let me share just a few
(inaudible).
The Clerk: Okay.
Mr. Mayor: I want to just take a moment to thank the Commissioners for their
attendance at the retreat on yesterday. Not only did I want to thank you for your participation
but your commitment to the process and your willingness to change the conversation about this
local government. It is my hope we’ll take the same spirit of camaraderie that existed on
yesterday as many of you indicated in the progress that we experienced on yesterday to carry
through as we not only conduct business today but as we move forward for the remainder of this
year. We also as many of you who are here know that we unveiled the sign and then dedicated
this commission chamber as the Lee Beard Commissioner Chamber. On next week at 1:00 p.m.
we will be dedicating the Municipal Building and the IT Building. There’s been a great deal of
progress made in this city as it relates to our facilities and so we’re excited about that, we’re
looking forward to it. The dedication ceremony will be followed by an open house from 2:00
p.m. to 6:00 p.m. for the public to stop by the departments in the building and by the displaying
of information booths in the Linda Beazley Room from 2:00 to 6:00 p.m. And the Parks
Department is taking the lead in helping to organize this great event. So there’ll be another
opportunity for you as citizens to come and see the showcase of your public facilities. As I
understand it the IT Building is amazing, I haven’t been over there yet but so what I’ve been
told. So I’m looking forward to that as well although she’s nodding her head so that’s true. And
I also want to thank the citizens for coming out and supporting the first latest fitness challenge
that was held this past Saturday at Warren Road. The second weekend is this Saturday at the
Aquatic Center so ladies please come out and join Ms. Davis as 60 other ladies have also done
that this past weekend so we’re looking forward to that, 8:30 a.m. at the Augusta Aquatic Center.
Madam Chair, Madam Clerk.
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The Clerk: I call your attention to the delegation portion of our agenda.
DELEGATIONS
A. Mr. Tommy Ingram regarding Veterans Victory Concert, James Brown Arena. “No
More Homeless Veterans”
The Clerk: Mr. Ingram.
Mr. Ingram: Good afternoon, Mayor and everybody, Commissioners. We thank ya’ll for
this opportunity. We have some information that we’d like to give out to all of the
Commissioners and the Mayor so ya’ll can have an opportunity to see what we are talking about.
We have, I’m Tommy Ingram of American SSC, America’s Schools (inaudible) a 501C3R
Organization. I am veteran, a 100% disabled veteran. We have went to Burke County and got
information to have a Veterans Ranch Community built in Burke County. The Veterans Ranch
Community as everyone’s been looking at it, it will have a dormitory that will place 500
homeless veterans in there where we will clothe them, feed them, give them the necessary
information and we also have a medical center on that place that will end up being and area for
veterans, community exclusively for veterans. With this veterans home community we deal with
a lot of issues with veterans as it relates our health care as it relates to our medical care as it
relates to the post traumatic stress disorders that we deal with coming from the different wars and
different areas that our veterans have problems with. A lot of the issues that we deal with as
veterans is not being taken care of because a lot of them don’t understand it’s more than just
medicine that veterans have to take. Most veterans, the ones the veterans we get along with each
other being around each other. We have to stay busy, we just can’t be sitting around. We did an
interview on Fox 54 about doing a Veterans Victory Concert at the James Brown Arena in
November. The Veterans Victory Concert will bring a light on the issues in a positive way. We
not trying to fight VA, we’re not trying to fight nobody, we’re just trying to solve the issues that
we’re dealing with, with our veterans. And it’s something that we need to do as soon as possible
we don’t want to wait on it. We have Technical Career Magnet School Principal Ms. Kelly,
she’s a partner with us. We have the James Brown Arena partnering with us, we have C.W.
Augusta partnered with us have the students in community schools, Print Builders U.S., all the
corporate sponsors at the James Brown Arena they are willing to also be sponsoring us with this
here program. The reason we went to the James Brown Arena because we wanted to take it to
the next level so everybody can really understand the seriousness of what veterans are going
through. A lot of people say they want to help veterans out, a lot of people talk about helping
veterans out but when you walk around Augusta in different areas we’ve got veterans walking
the streets. They won’t let them sit down; they have to get put out to different areas at 7:00
o’clock in the morning they can’t come back until 5:00 o’clock in the afternoon so whether it’s
raining or shine, sleet or snow, they have to be in the street. And they done went and fought for
America and it’s not fair for any veteran to be on the streets no matter what they done been
through. It’s not fair and it’s not right, no matter what color they are, no matter where they came
from no matter what service they were in veterans should be taken care of and we have an
opportunity to take the lead in it in Augusta Georgia to be the whole city for this Veterans
Victory Concert. We would like for our Mayor and our Commissioners in this great City of
Augusta to take an opportunity to be a part of this and we would love for everybody to be a part
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of it. We have to talk to Coca-Cola about some plans that we have for the Coca-Cola bottle
that’s related to veterans. Every, the money that will be made from this event will go towards
the Veterans Ranch Community. We’ve got ADP as one of our possible individuals that will be
taking care of the funds which no funds will be coming from our pockets because of course we
don’t want to go to jail for spending any money unnecessarily so we’re going to have
professional people taking care of the grant money. That being said as everybody’s looking at
what we have in front of you guys this young man right here Mr. Brad Kirkman he is, him and I
are responsible for filling that almost 9,000 members 9,000 seat venue which is a great task, it’s
not going to be easy and we need help so we’re going to have to do advertising, marketing to get
it all out to the veterans. A lot of people don’t know about that this time so Mr. Brad if you’ll
explain to them what we’re coming (inaudible).
Mr. Kirkman: Once again I want to say thank you all for having us giving us this
opportunity to show our vision to the community. What we are attempting to do is to be able to
fill the arena. We’ve already run the numbers and things like that. We have potential acts such
as Tim McGraw, Steve Harvey and people of that stature that we are going back and forth
speaking with to try to cap to come to this event to try to raise awareness and to also try to raise
funds for this ranch. And just as Mr. Ingram said we are here today just to ask for any help or
guidance that the city may be able to give us and we hope that you can see this as we do as an
investment in the future of the community.
Mr. Ingram: Also we’d like to say that we are asking for help. We don’t know how this
procedure goes, it’s my first time coming before the board but from what we added up and I
don’t know if it’s something that ya’ll can do or we do or not but we’re going to get it done if we
have to go from street to street and pillar to pillar. But we’re excited about it but we’re asking if
possible for our advertisement for the TV for our posters for all this stuff that this young man has
done here, TV advertisement, newspaper advertisement on all our different TV stations, social
media, we are asking if possible that the Commission could possibly give us $30,000 if possible
to help us out to get this taken care of. Every penny will be spoken for and itemized to make
sure that we hadn’t done anything with the money that is not right. We’ve already invested a lot
of our money and we just need some help from Augusta because Augusta will be the whole city.
Thank you very much.
Mr. Mayor: I want to take an opportunity to applaud you for coming. This is quite
visionary in terms of what you want to accomplish. The Chair will entertain any questions of our
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delegates at this time. The Chair recognizes the Commissioner from the 5, Commissioner
Lockett.
Mr. Lockett: Thank you, Mr. Chairman. Brad and Tommy, I appreciate what you said
thus far. Being a 20 year disabled veteran myself I know exactly what you’re talking about. But
one thing you did not mention is so many of those homeless veterans that are out on the streets
and other places the number that commit suicide on a daily basis. People that we supported
during the war and now they’re back and we pretty much turn our back on them. I think what
ya’ll are doing is extremely important. I don’t know, I can only speak for myself as one
commissioner what this governing body could do but I’m quite sure if there’s anything that we
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can do that we will do it. Do ya’ll have a contact number or an email address and what day in
November will this event is supposed to take place?
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Mr. Ingram: November is Veterans month, November the 11 is Veteran’s Day where
America (inaudible) we recognize Veteran’s Day that is the proposed day we want to do it on.
Of course with the time limits so close that we want to do it this year and every year after that we
want to do it in November. We want to start this year to get the information out so people can
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know about it and go ahead on and start the process of doing that. November the 11 is our
projected date that’s the date we want to do it on that on the date of Veteran’s Day.
Mr. Lockett: And my last question would be have ya’ll been in contact with any of the
veterans or organizations in and around the Central Savannah River area?
Mr. Ingram: Sir, we have a meeting with the Veteran’s Administration on Thursday at
the VA over here the volunteer (unintelligible) Mr. Frasier. I’ve sent information to the
President of the United States and our congressman, all the different individuals around the area
to solicit information and to help to get the word out about what we’re doing. So our
congressman Mr. Allen he has the information he sent it to the President of the United States.
We also sent it to the Governor of Georgia also so those are the protocol that we met and we also
want to meet the protocol here to make sure. And hopefully that you know all of our
Commissioners and the Mayor too could be at the presentation on the stage that afternoon to
show appreciation for our veterans also if ya’ll would be so kind in that in ya’ll’s time to do that.
Mr. Lockett: Tommy and Brad, thank you very much and thank you Mr. Chairman.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4 Commissioner Sias.
Mr. Sias: Thank you, Mr. Mayor. Mr. Ingram, thank ya’ll for the work you’re
endeavoring to do. I’m also a veteran and my recommendation to you as far as the city is
concerned that if you would start first with our Parks and Recreation to sit down and have a
conversation with them and then from there also have a conversation with the Arena Board and
then, but start with the Parks and Rec they handle those kinds of venues and things for us and
that’s a point of contact for you. I’m not saying they have a checkbook for you but I’m saying
for what that’s where to start with, get some good information from there and that will be kind of
your roadway to see what this city could possibly assist you all with. Thank you, thank you, Mr.
Chair.
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Mr. Mayor: The Chair recognizes the Commissioner from the 1 Commissioner Fennoy.
Mr. Fennoy: Yes, I would also like to suggest that you find the time to talk to our
Administrator to see if she could find money somewhere to assist you in the project. That’s her
right there.
Mr. Mayor: All right, thank you. Ms. Bonner, Madam Clerk?
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The Clerk: Yes, sir. I call your attention to our consent agenda which consists of items
1-24, items 1-24. For the benefit of any objectors to our Planning petitions once those petitions
are read would please signify your objections by raising your hand. I call you attention to:
Item 2: Is a request for a change of zoning from a Zone B-1 (Neighborhood Business) to
a Zone B-2 (General Business) affecting property at 4141 Windsor Spring Road.
Item 3: Is a request for a change of zoning from a Zone R1-C (One-family Residential)
to a Zone B-1 (Neighborhood Business) affecting property known as 1795 and 1815 Martin
Luther King Jr. Blvd.
Item 4: Is a request for a change of zoning from a Zone A (Agriculture) to a Zone LI
(Light Industry) affecting property at 2550 Mike Padgett Highway.
The Clerk: Are there any objectors to any of those Planning petitions?
Mr. Mayor: Madam Clerk, just a moment what ---
Mr. Guilfoyle: Mr. Mayor ---
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Mr. Mayor: --- (inaudible) purpose Commissioner from the 8.
Mr. Guilfoyle: --- thank you I just have a question on agenda item number two for the
Planning Director, Planning and Zoning Director.
Mr. Mayor: Okay.
Mr. Guilfoyle: And I’ll be happy to wait until we get to that point.
The Clerk: Are we ready to proceed?
Mr. Mayor: Yes, ma’am, you’re going to wait?
Mr. Guilfoyle: I’ll be happy to, all it is is one simple question, sir.
Mr. Mayor: Okay, Madam Clerk, we’ll take a question.
The Clerk: Okay.
Mr. Guilfoyle: Thank you so kindly.
Mr. Mayor: Absolutely. Director Wilson.
Ms. Wilson: Good afternoon.
Mr. Guilfoyle: Ms. Wilson, under agenda item #2 Section #4, replace the existing chain
link fence with either wood, can we either utilize wood or opaque privacy fence to where you’ll
still obtain the same end result as far as privacy goes?
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Ms. Wilson: Yes, sir.
Mr. Guilfoyle: Okay, I was just wanted to make sure. Thank you, Mayor.
Mr. Mayor: Absolutely, sir. All right, Madam Clerk.
The Clerk: Our consent agenda items 1-24 with no objections to any of our Planning
petitions.
Mr. Mayor: All right, I’ll entertain any motions to add to the consent agenda or remove
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items. The Chair recognizes the Commissioner from the 4.
Mr. Sias: Pull item one.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: I’d like to pull item number 4, Mr. Mayor. Also item 7, item 14 and
item 16.
Mr. Mayor: Did you say 16?
Mr. M. Williams: 4, 7, 14 and 16.
Mr. Mayor: Any other motions to add or remove from the consent agenda? The Chair
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recognizes the Commissioner from the 4.
Mr. Sias: Move to approve.
Mr. Guilfoyle: Second.
CONSENT AGENDA
PLANNING
2. Z-15-37 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the conditions stated below a petition by Doug Fuller, on behalf of Geneva
Fuller, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2
(General Business) for automobile repair and related sales and those use permitted in the
B-1 Zone, excluding residential; affecting property containing .76 acres and known as 4141
Windsor Spring Road. Tax Map 153-0-026-01-0 DISTRICT 6. 1. Ensure that the
appropriate business licenses(s) are obtained for current uses on the property. All
improvements must be completed before a business license will be issued. 2. Provide
landscaping of individual planter boxes placed in the front of the primary structure. 3.
Submit a parking plan that demonstrates compliance with the applicable standards. 4.
Replace the existing chain link fence with a six foot solid board fence along the area
between the subject building and the convenience store on the adjacent property to the
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north. 5. Remove any junk vehicles, including any related waste and salvaged materials,
from the property. No vehicles under repair may be parked in front of the building.
3. Z-15-38 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the conditions stated below a petition by Timothy M. Thomas and Ernest
Smith Jr. requesting a change of zoning from Zone R-1C (One-family Residential) to Zone
B-1 (Neighborhood Business) affecting property containing .34 acres and known as 1795
and 1815 Martin Luther King Jr. Blvd. Tax Map 059-3-197-00-0 and 059-3-198-00-0
DISTRICT 2 1. Provide a row of native shrubs that is spaced appropriately along the
boundary adjacent to the residential lot. 2. Provide landscaping of individual planter boxes
placed in the front of the primary structure.
5. ZA-R-241 – A request for concurrence with the Augusta Georgia Planning Commission
to approve a petition to amend Section 3-12 (Special Building Setbacks) of the
Comprehensive Zoning Ordinance for Augusta, Georgia by amending the 45 foot special
setback for Pleasant Home Road by removing the section from Bobby Jones Expressway to
Professional Parkway.
ADMINISTRATIVE SERVICES
6. Motion to authorize submission of 2015 Consolidated Application, Exhibits and
supporting documentation for the Continuum of Care Application to HUD. (Approved by
Administrative Services Committee September 8, 2015)
PUBLIC SAFETY
8. Motion to approve accepting FY 2015 Emergency Management Program Grant in the
amount of $60,165 and authorize the Mayor to execute appropriate paperwork. (Approved
by Public Safety Committee September 8, 2015)
FINANCE
9. Motion to approve the FY 2016 Transit Planning Services contract between Augusta,
Georgia and the Georgia Department of Transportation. (Approved by Finance Committee
September 8, 2015)
10. Motion to approve Updated Memorandum of Understanding (MOU) for the Augusta
Regional Transportation Study. (Approved by Finance Committee September 8, 2015)
ENGINEERING SERVICES
11. Motion to approve Change Order in the amount of $126,290 for the Goodrich Street
RWPS Improvements Project and specifically #1 turbine refurbishment for American
Hydro Corporation (RFQ 13-193). Funded from the 2014 CIP Bond Fund. (Approved by
Engineering Services Committee September 8, 2015)
12. Motion to approve RFQ #15-139A: Sanitary Sewer Connection Services Task Order
Program (2015) for the City of Augusta – Utilities Department in the amount of $1,000,000
for execution by Universal Plumbing and Southern Services as qualified and selected
contractors. (Approved by Engineering Services Committee September 8, 2015)
13. Motion to authorize the Environmental Services Department to have up to 4 scrap tire
amnesty days per year. (Approved by Engineering Services Committee September 8, 2015)
15. Motion to approve Professional Services Agreement with James G. Swift and Associates
in the amount of $448,685 for the Boykin Road/Travis Pines Area Sewer Extension and
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Water Main Improvement Project. (Approved by Engineering Services Committee
September 8, 2015)
17. Motion to approve and receive as information the emergency construction services at
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7 and Reynolds Street American Disabilities Act (ADA) Ramp and Roadway Emergency
Modification Project in the amount of $44,785.00 for Horizon Construction & Associates as
requested by AED. (Approved by Engineering Services Committee September 8, 2015)
18. Motion to approve expense of crane rental for the reinstallation of #1 turbine at the
Goodrich Street Raw Water Pumping Station. (Approved by Engineering Services
Committee September 8, 2015)
19. Motion to approve purchase order correction and change order in the amount of
$80,105.18 for Blair Construction. (Approved by Engineering Services Committee
September 8, 2015)
20. Motion to approve the honorary naming of Eighth Street to Jessye Norman Boulevard.
(Approved by Engineering Services Committee September 8, 2015)
21. Motion to approve payment to Blair Construction for emergency repairs to the Rocky
Creek Trunk Sewer in the amount of $301,650. (Approved by Engineering Services
Committee September 8, 2015)
22. Motion to approve and accept a Deed of Dedication from USPG Portfolio Five, LLC
(Sam’s Club).
PETITIONS AND COMMUNICATIONS
23. Motion to approve the regular minutes and Special Called meeting of the Commission
held September 8, 2015)
APPOINTMENTS
24. Motion to approve the appointment of Mr. Lucien Williams to the Historic
Preservation Commission representing District 9.
Mr. Mayor: Voting. Madam Clerk, when we move forward can you do 27 first?
The Clerk: Okay.
Mr. Mayor: Thank you.
Mr. Hasan abstains.
Motion carries 9-0-1. [Items 2, 3, 5, 6, 8-13, 15, 17-24]
The Clerk: For the whole agenda, sir?
Mr. Hasan: Yes.
The Clerk:
PUBLIC SAFETY
27. Consider a request from the United House of Prayer for assistance from the Augusta
Fire Department with catching the plug (fire hydrant) at the corner of Mill St. and Perry
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Ave in association with their annual Convocation Baptismal Service scheduled for October
4, 2015. (Requested by Commissioner Bill Fennoy)
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Mr. Mayor: The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Yes, Mr. Mayor, this is something that the city has provided them for the
past 10 years. There’s a Mr. Joe Jones, a member of the House of Prayer, that’s here to entertain
any questions that any of my colleagues may have at this particular time concerning this agenda
item.
Mr. M. Williams: So moved.
Mr. D. Williams: Second.
Mr. Mayor: I’ve got a motion and a second but I also have an attorney with a hand up.
All right the Chair recognizes Attorney McKenzie.
Mr. McKenzie: The Administrator’s office and I have also reviewed this request and I
have some concerns relating to potential challenges to that. I would prefer not to provide any
legal advice in an open setting but there has been an organization which has challenged a
government’s actions similar to this and there are some cases out there that would be concerning
relating to this kind of activity. I’d be happy to discuss it further in a closed context.
Mr. Mayor: All right, I love it, I love it. The Chair recognizes the Commissioner from
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the 6 Commissioner Hasan.
Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, I have two questions, one for the
Administrator. Would that be in reference to our costs for the assistance? Have you done some
calculations or anything about what assistance may be potentially cost to the city?
Ms. Jackson: Yes, sir, we have. The cost to the city would be related to the utilization of
off duty fire personnel. Whenever our personnel is asked to serve at functions off their regular
duty the organization requesting those personnel have to pay their hourly rates for that. That
would be roughly we estimate three firefighters a total of $72.00 per firefighter that would be a
total of $216.00. And the cost of water what we would do is place a meter indicating the
measuring the number of gallons used and the rate is $2.65 per thousand gallons. So at any rate
we understand the cost would be less than $300.00 dollars.
Mr. Hasan: Okay, thank you. Mr. Mayor, can I ask Mr. Jones to speak please?
Mr. Mayor: Mr. Jones, if you’ll approach. Mr. Jones, if you would state for the record
your name and your address.
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Mr. Jones: Elder Joe Jones, 1126 11 Street Augusta, Georgia 30904. Mr. Mayor and
Commissioners, first of all let me thank you for the assistance you have given the United House
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of Prayer over the years concerning this baptismal service. In terms of the cost we would be
more than happy to pay the $300.00 dollar cost, whatever would be involved.
Mr. Hasan: Mr. Mayor, I was going to ask him a question. He just answered the question
for me so thank you, Mr. Jones. Thank you, sir.
Mr. Mayor: The Chair recognizes the ---
Mr. Hasan: Can I make a substitute motion?
Mr. Mayor: I’ll come back to you in just a minute. The Chair recognizes the
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Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. Mr. Jones, thank you for volunteering to pay
for the services but let me reflect back on some history here where the Fire Department has not
just filled up several different pools for baptism but they have loaned out the 2 ½ “ fire hose a 50
foot section maybe a 150 foot section will do that with a hose spanner. They did not have to
have manpower. If it takes three men to fill up a baptism pool then maybe the Fire Department
might need to go back into some training. I know for sure that this government has allowed for
that to happen and have just took the I would say the outdated hoses that we have and loaned it to
the church and a spanner wrench and let them fill up the pools where they didn’t use any
manpower. But I mean I find it hard when we try to find a way not to do things versus the way
to do them. Now that has been done before whether this body agrees to do it again, Mr. Jones, I
don’t know but it has been done for the House of Prayer and other churches for that matter. If I
need to use some other comparisons I’ve got some names I do that too but the Fire Department
has always done those community services with changing light bulbs to everything else with
equipment so.
Mr. Jones: Mr. Commissioner, let me just make this statement. If you would go to the
1200 block and the 1100 block of Wrightsboro Road the United House of Prayer has spent over
$15 million dollars in the last five years in that area. You would also if you would even check
the city records the City of Augusta had a project that consists over 300 some thousand dollars of
land in the 1200 block of Wrightsboro Road that was undeveloped, funds were not available to
be developed that the United House of Prayer bought that property from the city without
requesting any reduction in price, we paid over 300 some thousand dollars. I do feel with what
we have done if you look at the Augusta Chronicle they even had an article in the paper this past
week where they said that the Augusta Housing Authority it was looking for private investors to
invest in the area. We have been the only ones to invest in the area. And although I’m simply
saying that you know we were glad to pay the $300 some dollars but when we think in terms of
the investment that we have made in that area and we have been the only private investor in that
inner city that I don’t think that when you’re talking about $300.00 dollars that that’s any type of
partnership that you could say that you’re really looking to work with people on that we have
expressed and we have shown the community that we are willing to invest. And I do want to
remind you that every dime that the House of Prayer has spent has been church funds without not
one penny coming from federal money grant money or from the City of Augusta. All of this has
been church funds that was spent.
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Mr. Mayor: I believe the gentleman knows that of what he speaks and I concur that’s
been substantial investments in the community. All right, here’s our posture. I’ve got a motion
and a second.
Mr. Jones: Thank you.
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Mr. Mayor: I’m going to recognize the Commissioner from the 6.
Mr. Hasan: I just wanted to say to Mr. Jones I think we’ve had a conversation prior to
this. We were very, very aware of all that he said. I definitely for one see them as a community
partner. We’re going to do all that we can to support them in his effort but just to keep down the
kind of things we could do at least what needs to be done. Like he said for the kind of
investments that we’ve made historically for some of the houses that we see in the Laney Walker
neighborhood there out of our HUD Office there we take a developer, we give a developer
$25,000 dollars toward what they’re building a home and we’re trying to help them capture
about an 18% markup on that home. We turn right back around and we give the homeowner, the
potential homeowner anywhere from $25-45,000 dollars and that just a huge substantial amount
of money that we give away in many ways in terms of instead of building affordable homes and
to help them take the House of Prayer through this is I think is a little disheartening but at the end
of the day we’ll do whatever needs to be done at the end of the day, Mr. Jones, here we had this
conversation so we know we’re in a good place at the end of the day to keep down the discourse
on this dais. But we’re going to get this done one way of the other. Thank you, Mr. Jones, for
your comments.
Mr. Mayor: All right, I’ve got a motion and a second.
Mr. Fennoy: I’ve got a question.
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Mr. Mayor: Okay, all right the Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Mr. Andrew, will the $300 dollars eliminate any concerns that the
Administration and the Law Department might have?
Mr. McKenzie: That would, any concerns I would have and just to be clear to I’ve
nothing against the House of Prayer or any other religious institution I just don’t want the
Commission taking any action that could reasonably be challenged. My recommendation would
be for modification for the existing motion to include a clause that says and to pay such
reasonable fees as are necessary to pay for the cost to the city to provide the service. And this is
a service that we would provide to any non-profit that asked for the same service and it wouldn’t
be couldn’t be improperly deemed to supporting religion over non-religion or one religion over a
different religion.
Mr. Fennoy: Okay, and I just also want to add that Mr. Jones I pass those buildings,
those houses, those apartments on Wrightsboro Road at least three, four times a day and I saw
them come up. And I knew what was there before the House of Prayer made that investment.
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And prior to those apartments being rented or being leased I called a representative of the House
of Prayer and asked if the House of Prayer wanted to have a ceremony to recognize the opening
and they were very modest and reserved about what they did, they didn’t want any type of grand
celebration, they just wanted to do something for the community that’s going to impact the
community. And I really do appreciate the work that you all are doing in the community.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 8,
Commissioner Guilfoyle.
Mr. Guilfoyle: Mr. Mayor, I appreciate the author who put this up on the agenda. You
know it shows transparency that we have on this floor and a couple of years ago down there at
the end of Broad Street we actually had a block party. It was a different reverend and it brought
out every kid in the neighborhood. The Fire Department came started hosing all the kids got wet
I wish I would’ve but I don’t see nothing wrong with this, sir.
Mr. Speaker: Ready to vote?
Mr. Mayor: I’ve been ready a while back. All right, we’ve got a motion and a second all
right with I’m going, thank you I appreciate that, Commissioner, I’m going to have the Attorney
repeat it for the purposes of reading it into the record, Madam Clerk.
motion to approve the request with the House of
Mr. McKenzie: And that would be a
Prayer to pay the cost of the water and any other costs that may be incurred by the City
providing this service.
Mr. Hasan: So moved.
Mr. Fennoy: Second.
Mr. M. Williams: Wait a minute, we got a motion how ---
Mr. Hasan: Substitute motion.
Mr. Mayor: This is a substitute, Commissioner.
Mr. M. Williams: I thought ya’ll went over the rules yesterday.
Mr. Mayor: Well ---
Mr. M. Williams: If that’s the case I’ve got no problem with the substitute motion but
I’m trying to get an understanding what the Attorney just added to the motion that I made to
approve and that was my motion to approve it ---
Mr. Mayor: --- all right ---
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Mr. M. Williams: --- at no cost and I’m trying but and I’m trying to figure out what he
just added to that.
Mr. Mayor: All right, I appreciate your inquiry. All right, so here’s our posture. The
Attorney is going to read in the record once more, the original motion was simply a motion to
approve the request. We have a substitute that the Attorney is recommending be made. Attorney
McKenzie.
Mr. MacKenzie: The substitute motion would be a motion to approve the request as
stated with the additional language with House of Prayer to pay the cost of water and any other
costs incurred by the city in providing this service.
Mr. M. Williams: Who made that substitute motion?
The Clerk: Mr. Hasan and Mr. Fennoy.
Mr. Mayor: All right, so I’ve got a substitute with a proper second. Voting.
Mr. M. Williams votes No.
Motion Passes 9-1.
Mr. M. Williams: Point of Order, Mr. Mayor.
Mr. Mayor: Mr. Jones, thank you it’s been approved. Would you approach please?
Mr. Jones: Will the City Administrator contact the Fire Department to inform them of
the activities that have taken place?
Ms. Jackson: Yes, sir.
Mr. Jones: Thank you very much. Thank you, ladies and gentlemen.
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Mr. Mayor: All right, all right, Commissioner from the 9 state your inquiry.
Mr. M. Williams: My inquiry was that the Mr. Jones just explained how much money
that the United House of Prayer has put into this community and this body selected to charge him
$300.00 dollars for all the millions of dollars they done put in place. I feel bad for this body for
not having the mindset or the passion to at least loan them three hoses and allow them to fill their
own pool if necessary like the Fire Department had to use machines that they do not have to use
to that.
Mr. Mayor: I understand, I understand. Madam Clerk.
The Clerk: Proceeding with the pulled items?
Mr. Mayor: Yes, ma’am.
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The Clerk:
PLANNING
4. Z-15-40 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the conditions stated below a petition by Greg Brittain, on behalf of Elizabeth
J. Roye, requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light
Industry) affecting property containing 2.50 acres and known as 2550 Mike Padgett
Highway. Tax Map 099-3-018-00-0 DISTRICT 1 1. Ensure that the appropriate business
license(s) are obtained for current uses on the property. 2. Structures, including outdoor
materials must comply with Federal Emergency Management Agency (FEMA) regulations
and the Augusta Flood Damage Prevention Ordinance. It is required that all materials be
properly elevated and secured to prevent floatation or lateral movement from floodwaters.
3. That a site plan be presented for review that complies with the Augusta Tree Ordinance.
Mr. Speaker: (inaudible).
Mr. Mayor: Right we’ll go back to it.
Mr. Hasan: (inaudible).
Mr. Mayor: We’ll go back to it. We’ve got that’s quite okay, Madam Clerk?
The Clerk: Yes, it was, I’m sorry. Mr. Sias.
Mr. Mayor: We’ll go back to it.
The Clerk: You’re absolutely right.
Mr. Mayor: All right.
The Clerk: We’ll catch you in the end.
Mr. Sias: Thank you, Madam Clerk.
The Clerk: Okay.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Mr. Mayor, I have no problem, I sit in Planning and Zoning when this
issue came up. I have no problem with the approval of this business from Agriculture to Light
Industry but my problem comes in where this business is located and what the thoroughfare
Highway 56 going south. We’ve got enough negative scenery on that situation and I don’t know,
I guess License and Inspection somebody needs to address this to tell me what else can we do to
make sure that this doesn’t become another lay down yard. Now as I went by and pulled in the
driveway and if you’ll look in the back you’ll see the equipment that’s there now. But the wood
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and the bricks and stuff is laying all over the yard and if we allow this, it’s going to continue.
Now the only way we’ve got left to go is south, we talk about how things look and I’m in
support of the business but I think there’s several other places that had to be operational inside of
a warehouse. This is going to be laying on the ground, this is going to be a lay down yard so to
speak so when the material comes in it’s going to have to be sorted out and be stacked and put
somewhere. It’s an eyesore at this point now and not just that one but several in that area. Are
we going to get serious about what we’re doing and make sure that this business becomes a
thriving business where it won’t be an eyesore, where it will be a business that people can utilize
but not bring that end of the community you know in with the rest that’s starting up out there. So
those are my issues with that.
Mr. Mayor: The Chair recognizes Director Wilson to speak to the matter.
Ms. Wilson: One of the things that we have started doing is beefing up enforcement
that’s why you are seeing some of the zoning cases that you have before you even today. In this
particular case this was a use that was in non-conformance and they did not have a business
license. The approval that was recommended was recommended with the following conditions:
ensure that the appropriate business license(s) are obtained for current uses on the property, the
structures including outdoor material must comply with the Federal Emergency Management
Agency regulations and the Augusta Flood Damage Prevention Ordinance. It is required that all
materials must be properly elevated and secured to prevent floatation or lateral movement from
floodwaters because a lot of this property is located in the flood way. And that a site plan must
be presented for review that complies with the Augusta Tree Ordinance so some of the
landscaping and other issues that you questioned at the Planning Commission as well at this
meeting will be addressed at the time that they submit a plan.
Mr. M. Williams: So approving this license or approving this today, Ms. Wilson, what
would that do? I mean I don’t want to approve something we got to come back and then change
at one point.
Ms. Wilson: Approving this day basically is the beginning of getting this business into
compliance. It does in no way allow this person to continue to operate without dealing with
elevating the materials and doing some other things that are required for them to come into
compliance. But the fact that they were operating this business there at that property site and that
site was already used for business purposes this again is the beginning of getting that into
compliance. But we will make sure through inspections that the applicant does adhere to the
conditions and meet the current standards that are on the books.
Mr. M. Williams: Will this be brought back to this body when that point happens? I
guess I need to know I’m, what I’m looking at I know you touched on the license that they didn’t
have and the flood area that they’re in they got to be elevated that kind of thing. What I’m trying
to do is change the dynamics of the area which new businesses come in and don’t look like the
existing business that’s been there for 2,000 years. So the site plan are you telling me that would
change that? Is that going to help get that into compliance where we won’t look like a lay down
yard because of the type work that that’s going to continue there is going to be some of the same
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stuff that we’ve been having in that area for quite a long time. It’s not going to get any better
unless we start somewhere.
Ms. Wilson: That’s correct and this applicant is asking for rezoning for Light Industry.
That does allow some storage but it does also require that there be appropriate screening as well
in this case that materials are stored in way that it will not create any additional damage should
this property flood. There are a lot of nonconforming uses along that highway. It’s something
that didn’t happen as you know over night and we are definitely trying to work diligently to get
people into compliance helping them along the way but the landscaping especially along the
front is something that we’ve spoken with the applicant about and is something that we will
make sure takes place as we do final review.
Mr. Mayor: Thank you. All right if there be no further questions the Chair will entertain
a motion.
Mr. Sias: Move to approve.
Mr. Lockett: Second.
Mr. Mayor: We have a motion and a second. Voting.
Mr. M. Williams abstains.
Ms. Davis out.
Motion Passes 8-0-1.
The Clerk:
PLANNING
1. FINAL PLAT – S-847 – Southampton, Section Two – A request for concurrence with
the Augusta Georgia Planning Commission to approve a petition by Southern Partners, on
behalf of Beazley Development Company Inc. requesting final plat approval for
Southampton, Section Two. This residential subdivision is located at Ardwick and Ashton
Drive, between Southampton, Section One and Three and contains 52 lots. Tax Map 153-0-
072-00-0 DISTRICT 4
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor. My concern and question goes to our Planning and
Development Director. Here’s the question and the issue. As we approve these new plats for
subdivisions and as we work diligently now to reverse our storm water issues the concern that I
have and it’ll be a direct question when these new plats that we actually have that they are set up
and checked to ensure that we will have adequate and direct storm water control. As you know
in so many of these previous subdivisions storm water is just an out of control issue and we’re
spending a lot of money and time to correct that. So the question is simple. Does this plat
properly control the storm water runoff?
16
Ms. Wilson: This plat was submitted through the Development Review Process which
meant that is was reviewed by the Engineering Department. And based on the approval that was
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dated on August the 18 2015 it is in compliance. We do review all plans based on the storm
water management.
Mr. Sias: One quick follow up, Mr. Mayor.
Mr. Mayor: Certainly.
Mr. Sias: With each new plat or development or to a certain degree other than just
having the developer to have a retention pond or detention pond do we have now specific
documentation to certify that the storm water, the storm water efforts have been completed. In
other words it may not be a whole subdivision, it may be a 2 acre development or something but
do in your office do we now have say this one for lack of a better term is stormwater certified?
Ms. Wilson: Actually the inspections would be done by the Engineering Department and
they would be the ones to sign off on that. My office is the office that does a lot of the
coordination for all the approvals but they would be the ones to ensure that the subdivision is in
compliance during the time for development.
Mr. Sias: Well, I’ll be knocking on their door. Thank you, Mr. Mayor.
Mr. Mayor: All right thank you, sir.
Mr. M. Williams: Move to approve.
Mr. Sias: Second.
Mr. Mayor: Williams and Sias, Madam Clerk ---
The Clerk: Who was that?
Mr. Mayor: --- Williams’ motion, Sias second.
Mr. Guilfoyle out.
Motion Passes 9-0.
The Clerk:
ADMINISTRATIVE SERVICES
7. Motion to approve amending the 2009, 2013 and 2014 Action Plans to reprogram
$391,692.59 and to revise the scope of work in Community Development Block Grant
(CDBG) funds. (Approved by Administrative Services Committee September 8, 2015)
17
th.
Mr. Mayor: All right, we have the Commissioner from the 9I’m going to call him the
Dean of the Commission and then Commissioner Lockett’s going to tell me that he is the Dean
of the Commission so I will refrain from that.
Mr. M. Williams: It’s not what you’re called, it’s what you answer to.
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Mr. Mayor: All right the Commissioner from the 9 Commissioner M. Williams.
Mr. M. Williams:
I’m in support of the reprogramming but I want to make sure that
Housing and Neighborhood Development after reprogramming come back to committee to at
least interact with the committee about how we done it, what’s going to take place so this body
will have some idea as to what has been done. Now we’ve been reprogramming money for a
while and we had a conversation already but and I’ve got some information but it didn’t break
down what I thought what it was going to break down. So I would like to as Administrative
Services Chair to at least see how we work that out, how it’s going to be flowed and what’s
I make a motion to
going with that. I mean that was my comment on that, Mr. Mayor, so
approve to approve,
I don’t need a question or answer from Mr. Welcher.
Mr. Sias: Second.
Mr. Mayor: We’ve got a motion and a second. Any additional questions? Voting.
Motion Passes 10-0.
The Clerk:
ENGINEERING SERVICES
14. Motion to authorize the Environmental Services Department to set up a non-profit,
community group pay for tire recycling program. (Approved by Engineering Services
Committee September 8, 2015)
Mr. Mayor: The Chair recognizes ---
The Clerk: Marion Williams.
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Mr. Mayor: --- the Commissioner from the 9.
Mr. M. Williams: Mr. Mayor, after looking at this, this agenda item is talking about the
Environmental Services setting up a non-profit. And I guess my question is would that be the
best party to do that for them to set up a non-profit. There are non-profits out there that’s already
set up that can do this. Now if the Environment Department sets this up what does that do, I
don’t understand how they can and I see the director has his hand up, Mr. Mayor, so maybe he’s
got an answer for me.
Mr. Mayor: Well, yes, that’s all right. I want you to restate your question. All right, I
want to get everybody’s attention this is an important matter. Restate your question.
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Mr. M. Williams: My question was how would the Environmental Services, the
Environmental Department set up a non-profit?
Mr. Mayor: Okay. All right the Chair recognizes our Director Mark Johnson.
Mr. Johnson: The department is not setting up a non-profit organization but rather it
would be partnering with non-profit organizations and paying those organizations who do pick
up the tires. So it’s setting up a Non-profit Community Group program where we could pay
them for rendering that service.
Mr. M. Williams: Can I follow up, Mr. Mayor?
Mr. Mayor: Certainly.
Mr. M. Williams: While you’re explaining, Mr. Johnson, tell me how different agencies
or different non-profits, anybody that’s got a non-profit can come in is that what you’re saying
you say I mean how would that work I’m trying to get an understanding what I’m voting on.
Mr. Johnson: In the back up we set up an application process where they would provide
us the name of the organization, the contact information, where they were going to clean up the
tires then we would provide an administrative approval. They would collect the tires, they
would bring them to the landfill we would count them and then we would mail them a check.
We would put them into the accounting system and mail them a check. That solves several of
the larger problems of cash management, accountability, not collecting from scrap tire dealers
and a variety of other methods it’s because all of that is spelled out in the application itself.
Mr. M. Williams: Follow up, Mr. Mayor?
Mr. Mayor: Absolutely, this is good.
Mr. M. Williams: So any church that’s qualified non-profit can go out and solicit tires
and bring them to the landfill and you’ll reimburse them with a check based on the number of
tires they brought in.
Mr. Johnson: Within the basic guidelines of tires are to be collected from public right-of-
ways or at illegal dumps. They’re to be passenger tires and other criteria that’s spelled out in the
application itself but yes, sir.
Mr. M. Williams: Okay and hopefully they’ll be you know going by the guidelines
because I mean but there are a lot of tires out and that helps me a lot. That helps me understand
a lot. I think that a lot of organizations especially church organizations would take you up on
that and be able to help clean up and get some resources for them. So thank you for answering
my question for me.
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Mr. Mayor: Thank you, thank you for the questions. All right the Chair will entertain a
motion.
Mr. M. Williams: So moved.
Mr. Sias: Second.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4. Okay all right we’ve
got a motion and a second. Voting.
Motion Passes 10-0.
The Clerk:
ENGINEERING SERVICES
16. Motion to approve a revision to Augusta, Georgia Code, Title 4 Chapter 2, Section 4-2-
2, to provide standards for unlawful dumping or storing of solid waste, or the accumulation
of weeds and noxious vegetation on vacant lots and unoccupied parcels of land. (Approved
by Engineering Services Committee September 8, 2015)
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. Mr. Johnson, this work that will be done if we
change this, if we use this system that you’re putting in place now, this work is done by outside
agency. In other words we’ve got a contractor would be the one doing this is that right?
Mr. Johnson: That depends on the task at hand. Some are performed by internal services
our own staff and some are performed through contracts.
Mr. M. Williams: How will we know which one is done by which I mean because if and
you know we had this up before but you say you clean the vegetation on a vacant lot and it’s a
lot that’s out of compliance you would designate who goes to that lot. Okay and the question
came up before how do I guess how do you keep track of what they did versus what they
supposed to have done. Do you have somebody that physically goes out?
Mr. Johnson: The way our process works is a complaint is generated whether it be
through 311, citizen, Commission. A work order is generated to either an internal crew or a
contract crew who performs the services of cutting and cleaning. A time sheet that accounts for
the services that were rendered how long were they there what assets were used comes back and
that’s accounted for against the work order. And then we have a supervisory person who will
spot check work performed. I will not say that they see every single lot that’s cut but we have
somebody who does do some quality control measures along the way.
Mr. M. Williams: But we get that information from the person who actually did the work
I mean we don’t have nobody to go prior to or afterwards. And the reason I’m talking about this
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I had a call with 311 this morning about a situation that was called in on the 9 of this month that
20
had not been taken care of as of yet. And I told the lady I talked to 311 to notate this that it had
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been called in on the 9 of this month but it had not got the services as of yet. And she said that
someone would probably taken care of today. So my question was and came to my mind even
more so then how do we know that this contractor or this group I guess if we don’t have the city
workers anymore because you’ve got people that work out at the landfill but then you’ve got
people that you contract with too. So I’m trying to figure out how do we know that gets.
Mr. Johnson: Okay, so with the current ordinance the way that works is that person calls
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in on the 9 and they register a complaint that will go to a Code Enforcement Officer we have
one of them that will go out and physically assess that property and made a determination as to
whether it’s a violation or not. If it is in violation of the code then we generate the work order.
So we will have eyes on it we will have pictures of it and we will have documentation that it was
in fact a violation. That takes us typically about three days. Then we have to generate a letter to
the property owner and mail it that’ll take an extra day or two. And then we have to wait 14 days
in accordance with the ordinance to afford that property owner the right to remedy the issue. So
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from the 9 we’re already at three weeks before we can do any work. At the end of that third
week we then generate a work order to whether it’s a internal crew or an external crew to go
perform that work. Those crews typically have some level of backlog but most likely within
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about a week from there we can get a crew there. So from the 9 of September it’s most
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plausible that we will not be able to get a crew there until the 9 of October based on the current
ordinance that’s in place and that will happen every time we have to cut that lot.
Mr. M. Williams: So you’re talking about an overgrown lot.
Mr. Johnson: Yes, sir.
Mr. M. Williams: I mean I wasn’t just talking about an overgrown lot that was a scenario
but if it’s an eviction I’ll say someone done piled stuff on the street there wasn’t an eviction just
brought along a piled it all that takes the same amount of time.
Mr. Johnson: Evictions are actually the responsibility of the property owner.
Mr. M. Williams: I understand that but if it hadn’t been addressed by the property so we
got to do it it takes that same amount of time is all I’m asking is that what it takes.
Mr. Johnson: That is not a violation under this code specifically. We would deal with
that under Solid Waste Collections which is a different set of rules. So and what you’re working
with today is the vacant lot cutting and cleaning ordinance.
Mr. M. Williams: All right, thank you. So moved, Mr. Mayor.
Mr. Mayor: I appreciate that. Mr. Johnson, I appreciate you pointing out to this body
that pursuant to the change in the ordinance from 2013 to 2014 there are a couple of things that
had to happen one a 14-day suspense period along with hiring an inspector to deem the property
out of compliance which is what provides you with your delays. Is that not true?
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Mr. Johnson: That is very factual.
Mr. Guilfoyle: Second.
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Mr. Mayor: All right the Chair recognizes the Commissioner from the 10.
Mr. Smith: Excuse me, Mr. Mayor, I was the seconder but Commissioner Guilfoyle hit it
before I did.
Mr. Mayor: We’ve got a motion and a second. Voting. See if I had that display
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Commissioner from the 4 hands flying ---
Mr. Smith: We need buttons.
Mr. Mayor: --- it’s like it’s waving down a plane, waving a plane.
Motion Passes 10-0.
The Clerk: Item we’re at item number 25 I believe.
Mr. Mayor: Yes, ma’am.
The Clerk:
PLANNING
25. Z-15-31 – A request for concurrence with the Augusta Georgia Planning Commission to
deny a petition by Wesley Fludd requesting a change of zoning from Zone R-1C (Multiple-
family Residential) with conditions to Zone R-3B (Multiple-family Residential) affecting
property containing approximately .70 acres and is known as 2506 Pineview Drive. Tax
Map 096-4-041-00-0 DISTRICT 6
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Mr. Mayor: The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Mr. Mayor, I make a recommendation that we respect the recommendation
of the Planning Commission in a motion to deny.
Mr. Lockett: Second.
Mr. Mayor: All right we’ve got a motion and a second. All right suspend, suspend, let’s
pause here. We’ve got a motion and a second, they’re excited today. All right we have a
petitioner and it’s proper for us to hear from the petitioner at this time. All right if you’ll come
forward. All right and if you would state for the record your name and your address.
Mr. Fludd: Good afternoon, my name is Wesley Fludd address is 905 St. Andrew’s
Drive that’s in Augusta, Georgia 30909. I’m going to read briefly this paragraph that tells you
what’s going on here. The request to change the zoning from R-3C to the requested R-3B will
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allow me to utilize the property as a multi-family residency constructing small stand alone
efficiencies for one or two person occupancy. You can reference my site plan, very neat.
There’s a Circle K gas station convenience store situated to the right of my property and a single
family home to the left so therefore a multi-family residency will be a smooth transition into the
community. And mind you right across the street there’s a duplex kind of rundown duplex so
it’s a very transit area. I want to just give a kind of sense ordeal of you know situation of what’s
going on here. You know when I was changing careers I actually stayed in a small home my
grandmother’s home and had I not had that home I wouldn’t have been able to put myself
through school to do the things I need to do to get on my feet when I was a young man. My land
is right next to Augusta Technical College and what I’m proposing is to put some efficiencies
there so that students can stay there with utilities included, everything included so if they don’t
have good credit they will have the opportunity to not have to you know have to put their credit
on the line to get the utilities turned on and the rent is all included. So pretty much it’s low cost
housing for students in the community you know the person who makes $7.00 dollars an hour at
McDonald’s or minimum wage at some of these other places so they would have an opportunity
to stay in clean low cost housing right here in Augusta. Some of the questions that was asked
that I feel like was not really properly answered and I have those questions right here. They said
does my, does my efficiencies have meet the standards? My efficiencies meet all the Planning
and Zoning standards that was laid out, all the setbacks the fencing everything it meets all the
standards. Number two who will regulate it? The same people who regulate any other project in
Augusta will regulate my property the IBC, International Builders Code and any other you know
applicable Georgia State Laws they will regulate it. And obviously you can put in a contingency
that you know if it doesn’t meet regulations it can’t get built obviously. Number three the look.
If you look at my site plan and where my land is situated is not on Deans Bridge Road it’s off the
road and is on Pineview Drive and is very tucked away I still feel like it’ll be an upgrade to the
community looking at the surrounding structures that’s around it. And then another thing is how
and I’m not sure if ya’ll are familiar I’m pretty sure hopefully are familiar with my site plan and
ya’ll know exactly what I’m talking about but I’m not sure if you have the pictures in front of
you. Ya’ll do, okay. If you look at the pictures they say has this been built in Georgia well the
question is yes it has. As a matter of fact they have a property to view to tour in Marietta,
Georgia which as ya’ll know is a suburb of Atlanta. So if it’s good enough for Atlanta then I
believe it’s good enough for Augusta, Georgia. So and I have that property address right here is
195 Hicks Drive S.E. Marietta, Georgia 30060. I have a phone number if y’all want to view
these properties. So obviously if it’s been built I feel like I should have an opportunity to build it
here. Just because it’s not conventional I feel like I feel like the Commission should take a
second look at it. And I’m coming very humbly I’m talking very forcefully but I’m coming very
humble because I want the opportunity to extend low cost housing to people who need it in the
area.
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Mr. Mayor: Okay, all right I’m going to go to the Commissioner from the 1.
Mr. Fennoy: Ms. Wilson, what is the difference between R-3C and R-3B?
Ms. Wilson: Well, in the case in this case and I’ve got the pictures if you want to see
them in the overhead for the rest of the audience but the basic difference is that the property was
zoned in 2012 for R-3C Multi-family Housing and it was with the condition that it be used for
23
congregate personal care uses or revert to uses in R-1A. So when the property was originally
zoned it was zoned with the condition that it be used for that one purpose only. The applicant is
proposing to rezone the property to R-3B which is a general multi-family rezoning request. The
and I can put this up if you want to, okay what you’re seeing before you is that Mr. Fludd is
correct on the properties that are fronting Deans Bridge Road you do have a Circle K however as
you transition from that property line and you go back into the neighborhood it is just that a
single family or neighborhood that has a duplex. The road is a drive with the primary access for
Circle K being off of Deans Bridge Road. Pineview Drive is a residential property. The
applicant’s concept plan and this is the zoning you’ve got that’s around it and as you can see all
the properties at this point is R-1 with the exception of this R-3C that got rezoned for the purpose
of having it be a congregate care facility. The proposed development by the applicant is for
monolithic dome home which these circles reflect somewhat what those would look like. This is
another version of the site plan that was submitted. These are pictures of the proposed units. I
will say that I asked Mr. Fludd to contact Marshal Masters who is the certified building official
in my department to have a discussion about these dome homes because these domes are not
built to the building code. At this point based on what was submitted and our research these
domes are structures that are brought in and concrete or some other surfaces are put on top of it.
He recommended to Mr. Fludd that he talk with the folks in Georgia at DCA to look into if this
particular concept that he submitted could be built per the building code. If not then this would
be in essence something that would be built based on the DCA’s code and they’ve got a little bit
different standard for those constructions. But it would be similar to what you would get
(unintelligible) that you’d get for some type of manufactured home that would be a mobile home
versus a traditional single family home.
Mr. Fennoy: Okay.
Ms. Wilson: This is a picture of the property. As you can see there’s wood, this is the
street and although you do have homes that might be in okay condition it’s still a single family
residence that just goes to the convenience store. So those are some of the houses that are along
the area. This is the back of the Circle K that was just constructed. The Planning Board spoke at
length with regards to this proposed use and felt that the property request to rezone from R-3C
which had conditions and which was rezoned fairly recently that conditions have not changed to
warrant to changing the zoning to a higher density. However the staff recommendation is for
denial with the understanding that should you decide to recommend approval of this request that
it be no more than 8 domes or 8 units and that the proposed parking and elements with the site
plan comply with the ordinances that are in place which would be the Augusta Tree Ordinance,
that the tendency of the dwelling units be arranged for 6 months or longer. Initially when this
was presented before the Planning Commission there was some discussion about it being weekly
then possibly monthly. If this is to be truly and apartment condition that it would be developed
that way and that the occupancy limit be for two persons or less at 316 or 315 square feet. That
is just shy of what the minimums are for the minimum housing code for occupancy of two
people. That the parking lot and security lighting be directed away from the proposed residential
units because there are a number of residential units located in that area and that the modified
site plan which would include a designated parking area or a 6-foot brick or stucco wall or
fencing be provided at the minimum of 25 foot along the back or the south side of the lot line and
that the applicant modify the submitted plans to include a minimum of 35 foot wide two way
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driveway. So staff recommended denial of the request however, should you decide to approve it
we would recommend you approve it with the conditions that I just highlighted.
Mr. Fennoy: Ms. Wilson I think at one time you had you had talked about many homes.
Ms. Wilson: I had at one point in time and I am as some of you might know I am an
advocate of having tiny homes or having something that but tiny homes are modular, they
basically are mobile they are homes that are built to a standard but they’re on wheels they’re not
permanent structures. And usually they are homes that somebody builds and will move it to the
site so if you do that concept it would be creating something along the lines of a manufactured
home park not you know a permanent structure because tiny homes are mobile they’re not
permanent structures. And the reason that people build tiny homes is that they don’t have to be
built necessarily to the minimum building code they’re built under a difference set of standards.
Mr. Fennoy: And my last question, one of the things that you mentioned was that
because of the dome they don’t meet our building code?
Ms. Wilson: Well it’s not just that there are a number of factors that go into building a
structure especially something that you’re going to rent. And it has to meet the standards which
is the current building code that we use which is the International Building Code or it would
have to meet a standard that has been approved by the state and other bodies that it is built to a
standard. When we did our initial research on this particular property which they’re monolithic
homes we could not find any place that had this built that was built to a code. It’s different to
have something that’s put in place if you’re in a community that doesn’t have minimum
standards for zoning or different standards for building code. But in our case it’s the State of
Georgia and in this region we do have a set of codes that we have to build and develop to and it
up to us to ensure that the public health and safety is met. So our advice to Mr. Fludd was that
he inquire about seeing what compliance that we have in place for a dome that’s 315 square feet.
And it would have to meet the minimum code which, have certain spacing requirements from the
counter to a table for example, looking at where the heating units are going to be located in
reference to the air conditioning units. It’s a very small space and if you’re dealing with a dome
it’s even smaller when you’re dealing with a circle. However the issue in this case is whether the
land use itself is appropriate to have it be multi-family. And again conditions have not changed
since the initial rezoning that was recommended by this body to be for a congregate personal
care home or that it would revert back to a single family or R-1A zoning class.
Mr. Fennoy: Thank you.
Mr. Mayor: There’s a lot of questions. All right I’m going on this end down here.
Commissioner I’m going to come back to you I promise you’ve got a lot of questions. The Chair
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recognizes the Commissioner from the 4.
Mr. Sias: Thank you Mr. Mayor. What was your first or last, I know Fludd which one is
that the last one.
Mr. Fludd: That’s my last name my first name is Wesley I go by Wesley.
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Mr. Sias: Okay that’s no problem. Mr. Fludd as I sit here and I listen to our Planning
and Development Director Ms. Wilson and I listen to you it’s almost to me as if somewhere in
the initial conversations in consideration the wheels came off. In my the fact that you’re trying
to do something I admire your concept but in that same breath I really respect Ms. Wilson’s
expertise and knowledge and their dedication to what they’re doing and to do it right. If I had
that decision today by itself, I would say I’d love to see ya’ll go back and talk about it. And if
the answer comes out that it’s still no I don’t have a problem with hitting the no button. But I
just wondered did we get to this point based on somewhat of the regulations and somewhat I
want this until we got to each one of us is going to get what we want. So I’m a little concerned
that happened I’ve seen it before and I would just ask my colleagues to consider a return to the
hole for this. I’m not going to make a motion I just I’m going to respect my colleague from the
District 6. But I would love to see us send this back to the hole for a little bit more thought and
come back because I really think the wheels came off long before ya’ll got here. Thank you Mr.
Mayor.
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Mr. Mayor: Okay the Chair recognizes the Commissioner from the 5.
Mr. Lockett: Thank you Mr. Chairman. This is for Ms. Wilson. Ms. Wilson Mr. Fludd
indicated that Marietta, Georgia has used the concept that he has proposed for here. Has
anybody from your department contacted them to see whether or not that was special provisions
or they gave them the authority to do it, whether or not they are violating policy or if what
they’re doing in Marietta is legal, is there any way that we can change our policies here in order
to allow him to do that. Because you know better than any of us that these little small houses are
popping up throughout progressive cities in the communities throughout the United States and
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we want to move Augusta Richmond County into the 21 Century. So what we need to do is
find out is there a way is there a way that we can accommodate what he’s trying to do because it
could very well be an explosion of people wanting to come in with the same concept. That was a
question.
Ms. Wilson: Okay, well first this is the first I’ve heard of Marietta, Georgia having these
domed homes. We asked Mr. Fludd on a number of occasions to give us examples where this
has been done besides areas of Texas. It could be something that I have no problems making
inquiries with Marietta to see one how big the domes are it could be that those are larger than the
315 square feet that he is asking per dome and three the decisions with regards to this issue was
based on the land use not so much whether he has a particular dome or not. The question that we
looked at is this appropriate to have regular multi-family use right there in an area that’s still that
transitions from a duplex. The duplex is the highest zoning or use right now and that’s across the
street from this particular property. So we looked at the zoning and the land use first. We will
look into whether Marietta has this particular dome and whether that dome is this size and
whether that dome is also permitted or developed based on some code. But today is the first day
I’ve heard of Marietta, Georgia having a dome development.
Mr. Lockett: Well, you mentioned my home state of Texas. If Texas is doing it, I know
it’s right. Thank you very much.
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Ms. Wilson: Tell me where Italy, Texas is located then we will have a deal.
Mr. Mayor: Well I understand I do, I understand. I’m coming back to you in just a
moment, Commissioner, I told you there are a lot of questions a lot of questions even without the
cockpit screen there’s a lot of questions.
Mr. Hasan: Mr. Mayor, you’re jockeying hard today well, lobbying, I’m sorry.
Mr. Mayor: So they not only use these in Texas but they use them in Utah as well.
There’s actually a company called Monolithic Domes. They build fantastic churches as well.
All right this is the question I’ve got and then I’m going to recognize the Commissioner from the
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9. Are there any petitioners or objectors in the audience living in or around Pineview Drive if
you are please stand. There being none, all right. The Chair recognizes the Commissioner from
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the 9.
Mr. M. Williams: Thank you, Mr. Mayor: I sit in on Planning and Zoning and the only
place I heard was Texas as well. We’re looking at moving forward. I don’t want to rain on this
young man’s parade as far as what he’s got in mind to do; I just don’t think that’s the area to do
it in. With the growth that’s going out that way right at the technical school that’s there if
someone built one next to me and I think it would sit out like a sore thumb it would really look
different. Not that it wouldn’t maybe be used in somebody’s mind to be like he said to get a start
with but if you start to create that and what’s our city going to look like if we start to put those all
over this community. And you just can’t lean to one side if you approve it there then somebody
comes in and wants to do it on the other side of town they’ve got the right to do that too. So if
Planning and Zoning have ruled then we need to agree or disagree. But I don’t have Mr. Fludd
come back again and again. He’s been back three or four times with Planning and Zoning now
ya’ll talking about bringing it back again and no this concept is not something you would want
next to your house. So let’s be honest now let’s I mean I think he’s a visionary I think he sees
something maybe the rest of us don’t see but let’s be totally honest with this man. Let’s not have
the man come back and forth back and forth like we’re going do something. Now in Texas
they’ve got a lot of stuff we don’t have here so if you’re going to start with what they got in
Texas then let’s don’t just start with those that concept let’s start with some other stuff as well.
Mr. Mayor: All right.
Mr. M. Williams: Yes, let’s start some high rise and that’s what we need to have so I
mean I don’t think we ought to put this man back and forth through something he ought to if he
can’t use his property for that maybe he can build something else on it but I just think that I agree
with Planning and Zoning on this one.
Mr. Mayor: I like your wisdom on that, Commissioner, and at this point I’m going to
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recognize the Commissioner from the 6 but I think he agrees with you on this matter and I think
he’s ready to entertain a motion.
Mr. Hasan: Can I address it as well? There’s already a motion on the floor, Mr. Mayor.
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Mr. Mayor: All right very good, the Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor. As this conversation started I also was reflecting
because I was in the chambers last week at the Planning meeting and I remember some of this
conversation as well and I was too Ms. Wilson and Commissioner Williams I didn’t hear also
Marietta that was new for me as well that was going to be my initial question when it was asked
about. But also another question if I’m not mistaken so Mr. Fludd if I attached something to you
that didn’t happen I apologize and I’ll apologize to you but I also I think you was asked how
were you going to make them here you know were they going to be built here or were you going
to haul them in as I guess modular?
Mr. Fludd: Right.
Mr. Hasan: And I think you wasn’t sure about that as well, am I correct on that?
Mr. Fludd: Oh yes, sir.
Mr. Hasan: Okay and so I’m sorry just a yes or no in that regard I’m not trying to get any
details now. So since that time I do respect you’ve done your due diligence and this possibly
goes back to what Commissioner Sias says that you probably shouldn’t have gotten with her but
I know those things last week Marietta was not one of the places you didn’t have a place you
admitted they were coming from Texas if I’m not mistaken. And then you wasn’t sure whether
you were going to bring them here in one piece or whether you were going to build them here as
well. And so with that that’s why I took all of that into consideration and I happened just to be in
the chambers at that time, Mr. Mayor, so I stick with my original motion (unintelligible).
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Mr. Mayor: The Chair recognizes the Commissioner from the 1.
Mr. Fennoy: I’d like to make a substitute motion that ---
Mr. Mayor: State your motion.
Mr. Fennoy: --- substitute motion is that the applicant and the Planning and Zoning
Department get together to see if we can get a recommendation at our next, see if they could
work out their differences and come back with a recommendation to the full Commission.
Mr. Sias: Second.
Mr. Mayor: Okay, all righty, we’ve got ---
Mr. Hasan: I got ahead of myself, I voted already so do I need to get out of here?
Mr. Mayor: --- well no it’ll override.
Mr. Hasan: I like this machine, it overrides.
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Mr. Mayor: All right, so this is where we are right now. We’ve got two things on the
floor we’ve got an original motion and we’ve got a substitute motion to refer back to the
Planning Commission that’s the substitute. All right we’re going to take action on the substitute
motion; it has a proper second. I believe the original motion is superior just in my mind but ---
The Clerk: To deny.
Mr. Mayor: --- okay, all right so the substitute motion is to refer back to the Planning
Commission. We’ve got a motion and a second. All right, voting for that. Voting. All right the
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Commissioner from the 2 all right, thank you.
Mr. Fennoy, Mr. D. Williams and Mr. Sias vote Yes.
Ms. Davis, Mr. Lockett, Mr. Hasan, Mr. Frantom, Mr. Guilfoyle, Mr. M. Davis and Mr. G. Smith
vote No.
Motion Fail 3-7.
Mr. Mayor: All right, now we’re back to the original motion.
The Clerk: The original motion is to deny the petition.
Mr. Mayor: All right we’ve got a motion and a second. Voting.
Mr. Fennoy and Mr. D. Williams vote No.
Motion Passes 8-2.
The Clerk:
PLANNING
26. Z-15-39 – A request for concurrence with the Augusta Georgia Planning Commission to
approve with the conditions stated below a petition by Gurpreet Walia, on behalf of
Davenport Davison, requesting a change of zoning from Zone R-1C (One-family
Residential) and Zone R-3B (Multi-family Residential) to Zone B-2 (General Business)
affecting property containing 1.11 acres and known as 15 Lovers Lane. Tax Map 061-4-
179-00-0 DISTRICT 1. Parking lot and security lighting must be directed away from the
residential properties located to the south of the subject property.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I sat in Planning on this one as well and I’m
going to make a motion to deny this. This is a business that’s trying to set up a I think a
convenience store where those homes are you know on Lovers Lane. And those houses sit in a
low lying area anyway and Planning and Zoning and staff have recommended to deny that but
someone from the board decided to approve it. And I asked the question then if you build that
there those homes that sit on a slab in Lover’s Lane on the lower part of this community it’s
going to really have a pile of water coming on top of them. So my motion is to deny this not
because we’re not business friendly but because of the residents that’s there will suffer a great
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deal. There are some trees and branches along that now on Sand Bar Ferry Road well if that gets
cleaned out and cement is there then that water’s really going to hit that neighborhood pretty
hard. Now we’re going to be left on the hook with that so this body make a decision, my motion
is to deny that because of that aspect of it. And there’s already one less than a block away from
there a convenience store already but I think that’s my main reason, that’s my motion.
Mr. Mayor: All right, I’ve got a motion to deny. All right here’s what we want to do I
want to recognize the petitioner for this request and if there are any objectors that are in the
audience please stand. All right if there are any objectors in the audience please stand. Thank
you, sir. All right, sir, if you would please state for the record your name and your address.
Mr. Estevez: My name is Jonathan Estevez. I am, my address is 131 Broad Street
Augusta, Georgia 30901 and I represent the owner of the property. The motion or the request
you have in front of you is to rezone the corner of Lover’s Lane which is a small about one
slightly larger than one acre triangle of land from R-1C and R-13B to B-2 put a small
convenience store gas station on the corner there. And as we discussed with the perspective
buyer you know we talked a little bit about the Augusta Tomorrow Plans and some of the things
that are happening downtown he feels like with the growth that is happening downtown also and
some of the work that’s happened in the Marion Homes Neighborhood that he projects that
there’s going to be growth there. He wants to serve those clients also commuters that are
traveling towards SRS down towards Beech Island and he wanted to serve those residents. Also
after we began conversations with them and we submitted paperwork to Planning and Zoning we
interviewed families in the River Chase Neighborhood the apartment neighborhood that
Commissioner Williams referred to and by and large almost everyone, every single person we
talked to was in favor of that. Now most of those people that we talked to are hoping that this
brings jobs that this brings development there and I do hope that that would be a result of a
convenience store going on that corner there as a retail development. It will be about a half
million dollar investment in that corner when all is said and done. Some of the issues we have as
far as engineering as far as stormwater goes are going to be between the developer and the city’s
Engineering Department. He would have to get plans approved, stormwater, retention ponds and
the like and the plans that we submitted for zoning approval are just a site plan which shows the
development in accordance with the city’s Tree Ordinance and in accordance with the setbacks
required to put a piece of commercial property there.
Mr. Mayor: All right, I’ve got a motion. Okay the Chair recognizes the Commissioner
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from the 8.
Mr. Guilfoyle: Mr. Mayor, I don’t know if Mr. Williams received the second on it.
Mr. Mayor: He did not at this point.
Mr. Guilfoyle: Okay ---
Mr. Mayor: I’d be happy to get one.
Mr. Guilfoyle: --- can I ask Ms. Wilson a question?
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Mr. Mayor: Director Wilson.
Mr. Guilfoyle: Thank you, Mr. Mayor.
Mr. Mayor: Absolutely, sir.
Mr. Guilfoyle: Ms. Wilson, in regards to this property that my colleague was speaking
about being in a low lying area a flood area and you have conditions that the Planning and
Zoning body had approved, they approved it with certain conditions what was the conditions on
the low lying area of this property to where we will not be held responsible if there’s any kind of
flooding issue or et cetera.
Ms. Wilson: In this particular on this particular property there were no conditions per se
regarding the flooding. The review of this application was based on whether the zoning that was
being requested was appropriate and whether the plan that was submitted actually would fit with
regards to the parking and other things that they would have to put on the property. In addition
to that the applicant did show that they were going to meet the Tree Ordinance but what did not
show up on the plan was the fact that there were other requirements from DOT regarding
sidewalks, there’s a swell so you didn’t have the environmental components that are on that plan.
And it is those reasons as well as the fact that looking at this neighborhood which you can see
when we initially reviewed the property we actually thought or at least I actually thought that it
was part of this community because it’s a very, very, very small piece of property. The trees that
are located on the property actually do slow the water down with regards to all of the developed
area that is north in around the property. And it is something that you know should you
recommend approval for it there would have to be a tremendous amount of engineering just to
hopefully insure that you would have no flooding but this area is a low lying area. We’ve talked
to the applicant about possible other uses because our goal is to not have anybody stuck with
something that they can’t do anything with. And there were a few other options that we
recommended to the applicant that would be a little bit better use of this corner. The other issue
is access coming and going on this property as well.
Mr. Guilfoyle: Can I follow up, Mr. Mayor?
Mr. Mayor: Absolutely Commissioner.
Mr. Guilfoyle: Thank you. Ms. Wilson, with a set of site drawings which I think is a
requirement for anything over a one acre within the Augusta Richmond County some of the
properties we had developed we had required site drawings that requires a detention/retention
pond to handle any kind of runoff on this parcel of land. Now looking at this agenda item #26 a
request for concurrence with the Augusta Georgia Planning Commission to approve this with
conditions stated below so it did get approved by the Planning and Zoning Board, is that correct?
Ms. Wilson: This did get approved by the Planning and Zoning Commission but the staff
recommended denial for this particular application for the reasons that I stated. In addition to
that it’s not consistent with the Comprehensive Land Use Plan for that area.
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Mr. Guilfoyle: Mr. Mayor, I’d like to make a motion to approve on this one.
Mr. Fennoy: Second.
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Mr. Mayor: All right, Commissioner from the 8would you please restate your motion?
Mr. Guilfoyle: Motion to approve with the conditions set forth listed on our agenda item
#26.
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Mr. Mayor: Okay and the Commissioner from the 1 gave the second, is that correct?
Mr. Fennoy: That’s correct.
Mr. Mayor: Okay, all right and we’re at this place because the Commissioner from the
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9 made a motion and did not get a proper second, he did not get a proper second.
Mr. M. Williams: A comment, Mr. Mayor.
Mr. Mayor: All right, state your inquiry.
Mr. M. Williams: Thank you, sir. I just need to know from Legal or from the
Administrator from Planning and Zoning or from anybody are we going to be liable when we
approve this and the water does come in on those families down there that’s going to destroy,
we’re already in a bad situation as far as the drainage in that area anyway. I’m not opposed to
the business in fact I’m probably the first cheerleader for it but I do understand where those
people live and I understand how an acre that’s paved versus an acre that’s got trees and
shrubbery on it will defer that water. So my question to the Legal Department I guess would be
the person to answer this will this body be accountable be held accountable for if water comes in
on those people whenever it comes in?
Mr. MacKenzie: The short answer would be no and part of the reason would be no is
because the Engineering Department would only approve a plan that meets the necessary legal
requirements before it to meet the standards which should flooding. But in the event the
flooding did occur there still would be a low risk of liability for the city because of the immunity
defenses that approve merely approving a plan the true party in interest that would have liability
would be whoever caused the problem which would be whoever bought this property.
Mr. M. Williams: Well, Mr. Attorney, knowing that’s a flood area anyway and adding to
that ain’t going to do nothing but help flood it. Now you’re not going to tell me you’re going to
court and tell nobody that that’s not going you know that we’re not accountable now. If you are
legal giving us legal advice and I understand that you can’t foresee down the road but knowing
that’s it’s an area that’s already situated we know in a bad way as far as the water’s concerned if
we add additional pressure to it you’re telling me we’re not going to be held accountable?
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Mr. MacKenzie: Let me make sure I’m clear. The Engineering Department would best
answer the engineering question.
Mr. M. Williams: Okay, is the engineer here then.
Mr. MacKenzie: Now wait a minute we’re going to approve what is legally permissible
for the engineering plan with respect to the water runoff. And if it’s a low lying area the
Engineering Department has standards and if doesn’t meet the standards it’s not going to approve
it.
Mr. M. Williams: I need to hear from Engineering before I take a vote, Mr. Mayor.
Mr. Mayor: All right so, I see your hands, I see your hands.
Mr. Sias: I had both of them up.
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Mr. Mayor: You did, you did. The Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor. In looking at this one small piece the lot here I
certainly myself think this is a, it’s just not in the right place to put a bunch of pavement and a
bunch of stuff here. So I just want to put that tooth in it. As we work to control our stormwater
and other issues like this with this particular small of lot 1.1 acres and then when you do all the
necessary setback and I just don’t see where this is a viable, a very viable process and very
viable deal. I just want to make that point. Thank you, Mr. Mayor.
Mr. Mayor: I appreciate you doing that, Commissioner. All right so here’s our posture.
I’ve got a motion and a second everyone who is supportive of that motion can vote yea and those
opposed can vote no. I think that’s you’ve expressed it and it’s clearly ---
Mr. Hasan: What (unintelligible).
Mr. Mayor: --- all right the motion is to approve with the conditions as noted. There
sounds like there’s a lot of opposition to it and I think that again as the Commissioner from the
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9 has indicated he’d like to hear from the Engineering Director. I think you had an opportunity
to make a determination as to whether you need to hear from him or not right here.
Mr. Speaker: (unintelligible).
Mr. Mayor: All right, I’ve got a motion and a second. Voting.
Mr. Fennoy, Mr. Lockett and Mr. Guilfoyle vote Yes.
Mr. D. Williams, Ms. Davis, Mr. Sias, Mr. Hasan, Mr. Frantom, Mr. M. Williams and Mr. Smith
vote No.
Motion Fails 3-7.
Mr. M. Williams: I make a motion to deny, Mr. Mayor.
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Mr. Sias: Second.
Mr. Mayor: Well, I think you just did; I think the effect of what you just did has the same
effect. All right I’ve got a motion and a second we’ll tee it up again, Madam Clerk. All right,
the Chair recognizes the Attorney.
Mr. MacKenzie: In accordance with the rules this is not a substitute motion, it was the
only motion pending the item has been concluded. If there is a reason to reconsider the right
thing to do would be a motion to reconsider the item.
Mr. Mayor: All right again the motion failed and thereby the petition failed. Is that not
true, Mr. Attorney?
Mr. MacKenzie: Technically no action was taken on anything else which would be a
motion to deny so if he could still come back and make an additional request. A motion to
approve did not pass as no action was taken.
Mr. M. Williams: So I need to make a motion to deny.
Mr. MacKenzie: Well, the first thing you’d have to do is reconsider your action.
Mr. M. Williams:motion
One motion to it we didn’t even vote from there but I make a
to reconsider.
I mean I don’t want it coming back next week and we got to deal with it and deal
with it.
Mr. Hasan: Second.
Mr. Mayor: All right, it is in order a motion to reconsider is in order and that motion to
reconsider the Commission’s action. You would need to again be successful in this and then you
could have another action after this one.
The Clerk: Did we get a second on that?
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Mr. Mayor: We got a second from the Commissioner from the 6. All right the
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Commissioner from the 9 would you like this, okay. All right, voting.
Mr. Fennoy and Mr. Lockett vote No.
Motion Passes 8-2.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: I make a motion to deny.
Mr. Sias: Second.
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Mr. Mayor: All right, I’ve got a motion and a second to deny.
Mr. Fennoy: I have a question.
Mr. Mayor: State your inquiry.
Mr. Fennoy: Because, don’t that have to go on the agenda? It doesn’t?
Mr. Mayor: No, sir. The Commission can immediately reconsider its action pursuant the
rules and that has happened. All right and so now that you’ve reconsidered its actions the motion
that’s before us is to deny this petition that then puts a suspense date attached to it. I’ve got a
motion and a second. Voting.
Mr. Fennoy: Madam Clerk, can you repeat the motion?
The Clerk: The motion is to deny the petition, sir.
Mr. Fennoy, Mr. D. Williams and Mr. Lockett vote No.
Motion Passes 7-3.
Mr. Mayor: All right, Madam Clerk.
The Clerk:
FINANCE
28. Approve resolution authorizing execution of intergovernmental agreement (IGA) with
the Urban Redevelopment Agency (URA) to refund the Laney Walker Bethlehem bonds
and repay the $2.5 million bridge loan. (No recommendation from Finance Committee
September 8, 2015)
The Clerk: Item 28, it’s being recommended that the Mayor will issue a special called
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meeting on September 18 at ---
Mr. Mayor: Madam Attorney, 2:00 o’clock?
Ms. Jackson: 2:00 p.m.
The Mayor: 2:00 p.m.
The Clerk: 2:00 p.m.
Mr. Mayor: 2:00 p.m.
The Clerk: --- to discuss the resolution authorizing the execution of the
intergovernmental agreement with the Urban Redevelopment Agency to refund the Laney
Walker Bethlehem bonds and repay the $2.5 million dollar bridge loan.
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Mr. Mayor: Okay. All right the Chair recognizes the Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor, I’m in support of that. The only question I have is will
the 2:00 p.m. time frame tie into the conclusion or thereabouts of the last interview. We should
have that for the position that we’ll be, so I would like to make sure we tie that in like right at the
end. Based on the schedule, Mr. Mayor, I’d like to ask the Administrator would 2:00 p.m. tie
that in real close together. Now unfortunately I don’t have mine in front of me.
Ms. Jackson: Yes, and unfortunately I don’t have your schedule in front of me either. I
had been told by my staff that that time works but I don’t know if that the precise ending time of
your interview before that. I can’t answer that question right now.
Mr. Sias: Move to approve.
Ms. Davis: Second.
Mr. Mayor: I think that would be appropriate, Madam Attorney, I think so yes.
Ms. Jackson: Interview time ends at 2:30?
Mr. Mayor: I think the calendar says 11:30 to 12:30.
Mr. Hasan: We’ve got three on Friday, three on Friday.
Ms. Jackson: Two on Thursday, three on Friday. 2:30 let’s make it 2:30.
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Mr. Mayor: Okay, all right I’m going to recognize the Commissioner from the 8 and
the moment after we get clarification Madam Clerk on what the action is.
The Clerk: The motion is to have the Mayor issue or call for a Special Called Meeting on
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September 18 at 2:30 p.m. to consider resolution authorizing the execution of the
intergovernmental agreement with the Urban Redevelopment Agency to refund the Laney
Walker Bethlehem bonds and repay the $2.5 million dollars bridge loan.
Mr. Mayor: Okay, all right we’ve got a motion and a second. All right, the Chair
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recognizes the Commissioner from the 8.
Mr. Guilfoyle: Mr. Mayor, I’ll actually be leaving town Thursday I won’t be back until
next week. Can I ask the Attorney a question as far as I would like to vote on this if I could vote
by proxy, by phone? It is legal to do it twice ---
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: We don’t have a practice of doing that here. I would not recommend it.
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Mr. Mayor: All right, Commissioner Guilfoyle has celebrated 29 years of marriage ---
Mr. Guilfoyle: (inaudible).
Mr. Mayor: --- oh not this week, okay. All right, I’m celebrating 21 on Thursday.
Mr. Lockett: And I’m celebrating you getting that machine so you can see my hand.
Mr. Mayor: I couldn’t agree with you more. The Chair recognizes the Commissioner
from the (inaudible).
Mr. Lockett: I’ll be real brief ---
Mr. Mayor: Yes.
Mr. Lockett: --- but many governments I wouldn’t call it voting by proxy but they’re
voting by SKYPE and everything else. Now when at the same time you get your machine so you
can see what everybody’s punching we need to do that because unfortunately or maybe
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fortunately I will not be here on the 18. I’m not going with Wayne Guilfoyle but I’m going out
of town Thursday also.
Mr. Mayor: All right, well we wish and extend to both of you and your families safe
travels. All right, we’ve got a motion and a second for this. We need to vote on this action and
that’ll be the last action before us on today. All right? All right, voting.
Motion Passes 10-0.
Mr. Mayor: All right there be no further business before us this meeting is adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
September 15, 2015.
_______________________
Clerk of Commission
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