HomeMy WebLinkAboutRegular Commission Meeting February 21, 2017
REGULAR MEETING COMMISSION CHAMBER
FEBRUARY 21, 2017
Augusta Richmond County Commission convened at 2:00 p.m., February 21, 2017, the
Hon. Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantom, M. Williams, Smith, Fennoy, D.
Williams, Hasan and Davis, members of Augusta Richmond County Commission.
Mr. Mayor: Okay, all right, there we go. Now that our committee has arrived, we’re going
to call this meeting to order. All right, we’re on, Ms. Bonner. We want to welcome everybody to
the people’s chamber. Okay, we call this meeting to order. The Chair recognizes Madam Clerk.
The Clerk: Yes, sir, we ask Bishop Richard B. Peoples, Pastor of the Faith Outreach
Church, to please come forward to deliver our invocation after which would you please remain
standing for the Pledge. I ask our Administrator to lead us in the Pledge.
Mr. Mayor: Ms. Bonner, I’m sorry, we have a change. We have with us Reverend Mike
Hearon. Pastor Peoples was unable to been with us. We have a designated hitter today, our good
friend from First Pres, Reverend Mike Hearon, who’s going to lead us in our invocation, yes, if
you’ll approach the microphone.
The invocation was given by Rev. Mike Hearon, First Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor: Reverend Mike, thank you so much you and the First Pres family have been
faithful partners in this community so we want to recognize your efforts. Thank you for stepping
in; we have a certificate here for you. Thank you so very much. (APPLAUSE) Reverend Mike,
would you mention City Serve while you’re there?
Pastor Hearon: Yes, the Commission should be aware that Thursday we had a luncheon
and you’re all invited at First Presbyterian Church. I’d like you to join us as city leaders. And
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Pastors discuss the opportunity of organizing a Day of Service in the city coming up on April 29
and so we’re talking about how we can partner together to promote unity, diversity and community
together. And Kevin Pollau from Portland, Oregon will also be our guest, the Mayor will bring
greetings, you’re all invited as well.
Mr. Mayor: Mike, I certainly want to make, we’ll note that every member of this body is
invited to come out on Thursday to be a part of that. It’s very important. You have on your, here
before your seats the card that talks about the vision luncheon. And then more importantly on
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April the 29 the Day of Service for our entire community. We have a number of our community
churches that are represented in this process and we can thank First Presbyterian for its leadership
and Pastor George Robinson.
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Pastor Hearon: Only more comment, Commissioners. Our desire is for you to identify
projects in your district that you would like volunteers to be working on and give those to us and
we will organize volunteers and churches to focus on those projects. Thank you.
Mr. Mayor: Thank you. Okay we’re going to, so in the City of Augusta we are celebrating
or have recently celebrated Arbor Day and our Recreation and Parks Department with our Director
Glenn Parker is here in the audience and they have a proclamation. Glenn, would you come and
your guest at this time. All right, Madam Clerk.
The Clerk: Yes, sir. Office of the Mayor, the City of Augusta Proclamation. In recognition
of Arbor Day. Whereas in 1872 Jay Sterling Morton proposed to the Nebraska Board or
Agriculture that a special day be set aside for the planting of trees. This holiday called Arbor Day
was first observed with the planting of over one million trees in Nebraska. And whereas trees
contribute to the environment by providing oxygen, improving air quality, climate, conserving
water, preserving soil and supporting wildlife. And whereas the trees have supported and sustained
life throughout our existence and have a wide variety of commercial and practical use. And
whereas our urban forests assist in filtering water, providing wildlife habitats and offering esthetics
which enhance the health and happiness of all Augustans. And whereas our community’s
greenspace is an integral component of future development and trees have a sentimental value that
is simply immeasurable. And whereas trees in Augusta increase property values, enhance the
economic viability of business areas and beautify our community. Trees wherever they are planted
are a source of joy and spiritual renewal. Now therefore I, Hardie Davis, Jr., Mayor of the City of
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Augusta do by proclaims February 17, 2017 as Arbor Day in Augusta, Georgia and urge all
citizens to recognize the value of trees to our community and plant a tree for future generations
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and this recognition to carry out our community forward. Given under my hand this 17 Day of
February 2017. (APPLAUSE)
Mr. Mayor: I think Glenn’s going to say a few things. They participated in a school event
the other day. Do you want to mention that?
Mr. Parker: Yes, sir, thank you. Last week at Copeland Elementary and at Lake Forest
Hills we participated, we planted trees at each of the schools and we also gave out about 150 trees
and encouraged the kids to go home and plant those trees. We had an educational speaker who
talked about the value of trees and what you can do with trees. And this is just part of the steps of
getting Augusta to back to being the Garden City and seeing those things so we appreciate your
support. Thank you, sir.
Mr. Mayor: Thank you both, thank you. This is how you get pulled into stuff,
Commissioner Sias. So we’re delighted to have with us a student from East Georgia State College,
Ms. Ashley Denai Maynor who is attending today’s Commission meeting. And this is for credit,
class credit, is that correct?
Ms. Maynor: Yes, sir.
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Mr. Mayor: All right, fantastic, so we want to welcome her here today to the people’s
government here in Augusta Richmond County so thank you for your time and your service.
Would you give her a hand today for coming (inaudible). APPLAUSE
The Clerk: He needed proof that she was here so tell him to watch on television and be
streamed live.
DELEGATIONS
A. Mr. Darin K. Moore regarding backyard project approved by Planning & Development
Department.
B. Ms. Lynne Blanchard regarding the closing of Emmett Street Lane and the findings of the
Engineering Department.
The Clerk: I take you to the delegation portion of our agenda and I’m going to reference
our addendum agenda which item Number A is requesting that it be deleted. Item Number B will
be referred to the agenda item relative to the abandonment to a portion of Emmett Street Item
Number 48.
The Clerk:
DELEGATIONS
C. Ms. Artirea C. Decatur regarding her experiences in Augusta.
Mr. Mayor: Ms. Decatur, you have five minutes.
Ms. Decatur: Yes, hello Augusta my name is Her Majesty Queen Royal Mrs. Artirea
Decatur. I’m here referring to a law suit that was placed on me 6 ½ years ago, six years and two
quarters. I have been sued for so long that it has become internal. I was given a call by God. He
called me a prophet. I am a prophet of God and I deserve my life. Not only have I been sued by
Comcast but I’ve also been sued by the people here in Augusta and I feel as though it is unfair, I
feel as though it is unwise. I feel as though I deserve my life, I feel as though I can still live here
in Augusta, Georgia and be proud of who I am, a proud American, a proud Augustan, a proud
Georgian, a proud woman. I am called by God to be a prophet to minister. I am called by God to
share to give, to love, to create, to mentor, to prophesize. And I want to know I am actually asking
for a plea of one-hundred billion dollars and I wanted to know how Augusta thought about that. I
want to know how Augusta feels about us losing our lives because losing our salvation, losing our
opinion, losing our wisdom, losing our thoughts because of violence and another’s opinion of how
we live our lives or how we subject what we watch or whom we watch and how we watch it.
About somebody forcing themselves into our homes and into our minds and into our politics and
into our people, how do they feel about that. So really would like to hear you guys’ opinion and
an honest one please.
Mr. Mayor: Ms. Decatur, thank you for coming to share with us. This is an opportunity
because this is the people’s government. This is an opportunity for you to come and share your
concerns and or ideas with this government as it relates to things that may be of great interest to
you. And as it relates to the matters that you’re sharing again that’s certainly not within our wheel
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house or realm on responsibility. But again as a citizen of Augusta we give you every opportunity
to the rights and privileges of any other citizen, that’s as our constitution affords us life, liberty
and the pursuit of happiness with justice for all. So I think that would be our position as it relates
to what you shared with us. If you have no other comments or concerns as it relates to this city
then we’ll give you that remaining time that you have which is two minutes.
Ms. Decatur: With my remaining time I would like to say that here in proverbs excuse me,
Psalms 91, 15 and 16 he will call on me and I will answer him. I will be with him in trouble. I will
deliver him and honor him, with long life I will satisfy him and show him my salvation. And that
is all. Thank you.
Mr. Mayor: That’s a wonderful passage scripture. It is also found in Jeremiah 33 and he
call unto me and I will answer shall be great and mighty things which thou knowest not. Thank
you for coming to share with us today.
Ms. Decatur: Thank you.
The Clerk:
DELEGATIONS
D. Mr. Moses Todd regarding the proposed Dixon Airline Road Landfill.
Mr. Todd: Mr. Mayor and members of the Augusta Commission, I’m coming from another
meeting. I’m the President of the East Central Georgia Labor Alliance and I’m a member of Local
150 but I’m not here representing them here today so I want to make that clear. And I would like
to address you as a former Commissioner with some experience in dealing with the Augusta
Richmond County Landfill Deans Bridge Road at Blythe. In 1994, I know that’s ancient history
for some of you young guys but in 1994 Mr. Mayor ---
Mr. Mayor: Mr. Todd and if you would if your name ---
Mr. Todd: --- okay, I reside at 2115 Nolan Connector Augusta, Georgia.
Mr. Mayor: We know who you are but for the record.
Mr. Todd: Okay for the record. In 1994 I was tasked by the Chairman at the time Mays
and the Chairman of Public Works which now is Engineering Services J.B. Powell, Senator Powell
now to work with Jim Walls and Ms. Linda, the late Ms. Linda Beasley to bring the landfill in
compliance at Deans Bridge Road. And in that 90 day you know working that out you know we
mitigated that and I learned a great deal about landfills and the operation of landfills. We mitigated
our situation with a 52-acre non-subtitled deed, we built approximately 28/30 acre subtitle D
landfill, we ran a million-dollar sewer line industrial and we covered the 52-acre landfill. So, it
was a learning curve but I did learn a lot about landfills. Now it’s my understanding that this
proposal for the C&D Landfill on Dixon Airline Road is properties that went into bankrupt that
was mining property and that in that another entity bought it, purchased it and I would assume that
they have the environmental custody follow them as far as environmental liability. That’s
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assumption. But they have industrial you know all zoning for it. They have a Special Exception
for inert landfill, you know, I buy that and I don’t have a problem with it. C&D can have
environmental impact even though it’s not the same as environmental impact for solid waste
landfill. You’re going heavy metals and construction debris, lead. I understand per their meeting
with them this morning that they are mitigating that but I don’t see it in their plan. You have
asbestos can go in a C&D. If I’m taking asbestos to a solid waste landfill then I have immediate
open ended and operating phase and immediate cover of that and the C&D I don’t think that’s
there. And it’s also my understanding that you’re going to have sheet rock and other items you’re
going to have hydrogen sulfide or H2s which is not as big an issue. It’s not an issue as far as
ground water and asbestos is not an issue as far as ground water but lead is but it’s an issue as far
as odors in south Richmond County. If you ever smelled H2S it smells like rotten egg and if you
smell it, if you’re in it for a few seconds, it’s deadly. And I’m sure it won’t be at that high a
concentration but 20-something years ago we worked out the situation in south Richmond County
with Federal Paper at the time and our waste treatment plant on figuring out how to get the odor
out of Richmond County. You know that’s the odor from the reactors at the paper mill and
digesters and our waste treatment plant. We don’t need this additional odor coming back to south
Richmond County. In my opinion if we’re talking about an environmental impact and I’m for free
enterprise and I’m for competition, you know, and I’m for jobs but if you’re talking about
environmental impact we need to go back and have public hearings on this and let’s give the south
Augusta community the opportunity to look at it. We need to make sure that we dot every ‘I’ and
cross every ‘T’ and we need to make sure that we meet the requirements of the stringent permit
agreement that was made with the state EPD. Now I think that what I’ve got here there’s nothing
wrong with it but I need a lot more to say that I don’t have a problem and let’s move on. There’s
also a land use issue in a sense that it’s already zoned Heavy Industrial. I don’t think there’s a
problem other than they need a Special Exception for C&D operation. And I think we’re getting
ahead of ourselves to come to this body and go to the state and get approval for a permit. Then it
would be hard for me as a Commissioner sitting where you’re sitting to deny them the exception
on the zoning. So I think that we need to, I’m an old farm boy, get the mule back in front. Thank
you, Mr. Mayor and Commissioners.
Mr. Mayor: Thank you, Mr. Todd, thank you. We appreciate your time and your insight
into this situation. Ms. Bonner, we have A that’s still out there.
The Clerk: A under the delegations?
Mr. Mayor: Uh-hmm.
The Clerk: It’s requesting that it be deleted.
Mr. Mayor: Okay.
The Clerk: Mr. Moore is attached to our addendum agenda ---
Mr. Mayor: Okay.
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The Clerk: --- I think he and Ms. Wilson, please remove my wife from the meeting we met
with Ms. Wilson and her team this week and have reached a resolution.
Mr. Mayor: Okay all right while you’re there, Ms. Bonner, let’s go ahead for the record
everyone draw your attention to the addendum items just so you’ll know and we’ll have them there
for information, okay?
The Clerk: Yes, sir and, Mr. Mayor, as we review the addendum agenda I’d like to make
a correction on Item 2 under Additions that is to approve the appointment of Mr. Michael Thurman
to the Housing and Community Development Citizens Advisory Board representing District 8.
Mr. Mayor: Representing District 8 again please note and change your documents to
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represent District 8 from the Commissioner from the 8, okay? All right, Madam Clerk.
Mr. M. Williams: I need some clarity before we move on with ---
Mr. Mayor: All right, state your inquiry.
Mr. M. Williams: --- my inquiry is District 8 and District 1 I think is that the representative
have not to be in that particular district or they can be anywhere in the City of Augusta is my
question. I mean I know Mr. Thurman no problem but I’m just, me and Mr. Frantom had the same
conversation about whether or not their appointee is in that particular district or just in the city.
The Clerk: According to the bylaws of the HCD, Citizen Advisory Board, it does dictate
that the person has to live within the district that is being appointed from. Now I know our
Attorney, General Counsel, I think they wrote those bylaws and they could best explain them better
than I could.
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: Sure, that’s a requirement that’s actually in the Consolidation Act as well
that each appointee reside in the geographical district of the Commissioner that appointed them
except for Legislative Delegation appointments and obviously the ones that are in Super Districts.
And there’s some distinction between some of the entities that were in existence at the time of
consolidation those created thereafter but that’s where that language came from.
Mr. M. Williams: So is my question is answered, Mr. Mayor, is that in or out of the district
legal or not legal? Where do I stand?
Mr. Mayor: Okay all right, Attorney MacKenzie, all right, so this is what we’re going to
do. You’re going to reiterate what you said and you’re not going to give us legislative intent.
You’re going to give us straight street.
Mr. MacKenzie: The street says right now it would be required that they live in the
geographical district. If you all want to change that, we could probably do it.
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Mr. Mayor: Okay, all right, do you have a reference for that in the Code because I have
not seen that.
Mr. MacKenzie: I can find one for you.
Mr. Mayor: That would be fantastic I need you to find that ---
Mr. Guilfoyle: Mr. Mayor?
Mr. Mayor: --- because I have not seen that in the Code anywhere. All right, so what
we’re going to do is we’re going to suspend. We’re not ready to take action on it but I just want
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you to be aware that these are the additions and that again the Commissioner from the 8 is within
his right to say I want to appoint somebody. I think that’s certainly well within his right okay?
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The Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Mr. Mayor, thank you and, Commissioner Williams, I appreciate you
bringing this up to make sure we follow the bylaws set forth within our Charter and within the
governing department. My biggest challenge that I have as the rural Commissioner is in with all
these appointments is finding people to volunteer to serve. Now Michael Thurman had actually
reached out and I believe he has over one-hundred houses in District 1. He brings something to
the table something positive new ideas new ways of thinking. It’s like I just don’t have anybody
else in nutshell. If somebody can help me find somebody in District 8, I’d be happy to appoint but
other than that I know that Hawthorne had came before us saying that you know we need to appoint
people to it and I was trying to fulfill the obligation and I was not aware you had to be from District
8 but that’s the reason behind it, Mr. Williams.
Mr. Mayor: Well, what I would ask you to do is hold on your Point of Personal Privilege
and we’ve got some clarity here. All right, Attorney MacKenzie, if you’ll again if you’ll reference
the code section that we have for clarity purposes.
Mr. MacKenzie: Sure, I’d be happy to do that ---
Mr. Mayor: Thank you.
Mr. MacKenzie: referencing 13 Subsection E, sorry Subsection F it says that as part of the
Consolidation Plan each proposed board Commissioner entity to expand or contract the number of
members there else those since practical each such entity shall consist of one member from each
Commission Council District.
Mr. Mayor: Okay, all right in the preamble of that, Ms. Bonner, it specifically says that
the person must reside in the district. I don’t know if it was something different but I don’t know
what’s been done before but you know that’s what I’ve got in front of me now, yeah I understand,
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I understand. Okay, all right, the Chair recognizes the Commissioner from the 9 State your
inquiry.
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Mr. M. Williams: I just wanted to respond to my colleague Mr. Guilfoyle. I think the
young man would bring something to the Housing Neighborhood Development Board. And it
wasn’t anything directed to him but I keep talking these rules and the rules ought to apply to
everybody. We change up it depends on what side of the bed we get up in the morning, Sean, I
got up on the right side this morning so I’m going to try and stay on that all day. But my point is
that it wasn’t anything against that appointee but because of the, and ya’ll made me learn these
rules.
Mr. Mayor: All right so here’s what I’d like to ask us to do together. We have a number
of appointments that are in front of us right now. Ms. Bonner, I just ask that we read this for the
record. We’ll come back to this at the appropriate time and there’ll be more discussion. We’ve
got a lot of business in front of us and let’s move and do some heavy lifting first and then come
back to this, I don’t want to get a headache. All right, we’ve got some other stuff to do, we’ll come
back. All consent agenda’s fine. I’m waiting on Ms. Bonner.
The Clerk: Oh, okay.
Mr. Mayor: We’re ready, let’s go to the consent agenda.
The Clerk: I call your attention to our consent portion of our agenda which consists of
items 1-44, items 1-44. For the benefit of any objectors to our Planning petitions once those
petitions are read would you please signify your objection by raising your hand. I call your
attention to:
Item 4: Is a request for concurrence on behalf of Rosalind Newton requesting a Special
Exception to establish a Family Personal Care Home with conditions on property located at 2429
Damascus Road.
Item 5: Is a request to approve with conditions a Special Exception to allow catering in a
P-1 (Professional) Zone affecting property located at 1433 Stovall Street.
Item 6: Is a request for concurrence to approve a petition with conditions for a change of
zoning from a R-1A (One-family residential) to Zone P-1 (Professional) affecting property known
as 2309 Old Savannah Road.
Item 7: Is a request for a petition with conditions requesting a change of zoning from a
Zone A (Agriculture) to a Zone B-2 (General Business) affecting property known as 2208 Tobacco
Road.
Item 8: Is a request for a change of zoning from a B-1 (Neighborhood Business) and a
zone B-2 (General Business) with conditions to a Zone B-2 known as 3127 and 3129 Washington
Road and 1019 Beverly Heights Drive.
The Clerk: Are there any objectors to any of those zoning petitions? Which?
Mr. Speaker: Four.
The Clerk: Four?
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Mr. Mayor: Okay, so if we have objectors if you’ll please stand, objectors please stand.
Okay, all right.
The Clerk: I call your attention to the Public Services portion of our agenda. If there are
any objectors to any of our alcohol petitions would you please signify your objection when the
petition is read.
Item 9: Is for an on premise consumption Beer & Wine License to be used in connection
with the location at 3690 Wheeler Road.
Item 10: Is for an on premise consumption Liquor, Beer & Wine License to be used in
connection with the location at 2834 Washington Road.
The Clerk: Are there any objectors to either of those alcohol petitions? Mr. Mayor,
members of the Commission, our consent agenda consists of items 1-44 with objectors to Item
number 4.
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Mr. Mayor: The Chair recognizes the Commissioner from the 2.
Mr. D. Williams: Mr. Mayor, I’d like to pull Item 4.
Mr. Mayor: Okay, Item number four.
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Mr. Mayor: The Chair recognizes the Commissioner from the 4.
Mr. Sias: Pull Item 3 please?
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Mr. Mayor: The Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Mr. Mayor, I’d like to pull Item number 11, 21 ---
The Clerk: Just a moment, sir, eleven ---
Mr. Mayor: Twenty-one.
The Clerk: Twenty-one.
Mr. M. Williams: --- 36, 40 and some clarity on 44.
The Clerk: 44 you said?
Mr. M. Williams: My colleague giving me a hard time (inaudible).
Mr. Mayor: Yes, Madam Clerk, okay, all right. All right, Items 3, 4, 11, 21, 36, 40 and
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44. All right, we’ve got a motion from the Commissioner from the 7.
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Mr. Sias: Second.
Mr. Mayor: And a second.
Mr. Hasan: Mr. Mayor, I need to pull I’m sorry I apologize.
Mr. Mayor: All right.
Mr. Hasan: I need to pull Item number 43.
Mr. Mayor: Okay. All right, the Chair will entertain a motion.
Mr. Frantom: Motion to approve.
Mr. Sias: Second.
CONSENT AGENDA
PLANNING
1. FINAL PLAT – GRANIT HILL, SECTION 4 – S-849 – A request for concurrence with
the Augusta Planning Commission to approve a petition by Southern Partners, on behalf of
Crowell & Co., requesting final plat approval for Granite Hill, Section 4. This residential
subdivision is located at Covington Court and Harper Franklin Avenue and contains 52 lots.
2. SA-52 – A request for concurrence with the Augusta Planning Commission to approve a
petition to amend Section 400-H-Standard for Streets and Roadway, Street Right-of-Way
Widths of the Subdivision Regulations for Augusta, Georgia by updating standards to be
consistent with the Augusta Engineering Street and Road Technical Manual.
5. Z-17-07 – A request for concurrence with the Augusta Planning Commission to approve
with the conditions state below: a petition by Gerard Bryant, on behalf of Melanie Taylor,
requesting a Special Exception to allow catering in a P-1 (Professional) Zone per Section 20-
2 of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property
containing 0.56 acres and known as 1433 Stovall Street. Tax Map 044-3-075-01-0 –
DISTRICT 2 1. The use of the property shall be limited to food preparation only for a
catering business, or those uses permitted by right in the P-1 (Professional) Zone. 2. No sale
of food from the catering business may take place at the subject property. 3. The food
preparation area for the catering business is limited to a maximum of 500 square feet of the
existing building and any expansion of the catering business beyond the 500 square feet
limitations must come back before the Planning Commission as a new Special Exception. 4.
All catering-related activities shall cease by 11:00 p. 5. No catering related events (receptions,
parties, luncheons, etc.) may take place on the subject property. 6. Applicant provides proof
of compliance with local building and fire codes before receiving a business license. 7. The
applicant must obtain a local business license within six (6) months of approval or the Special
Exception is void. 8. Any future development of the property must comply with any
ordinances and regulations in effect when submitting a site plan.
6. Z-17-08 – A request for concurrence with the Augusta Planning Commission to approve
with the conditions stated below; a petition by Neighborhood Outreach Ministries, on behalf
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of Dr. Yolanda Allen, requesting a change of zoning from Zone R-1a (One-family
Residential) to Zone P-1 (Professional) affecting property containing .34 acres and known as
2309 Old Savannah Road. Tax Map-087-3-044-00-0-DISTRICT 2 1. Any future development
of the property will require a privacy fence and a buffer containing trees and landscaping
along the northwestern and northeastern property lines to buffer the subject property from
the residential uses. Additional landscaping and/fencing to buffer the current proposed use
from the adjoining residential property may be required at the discretion of the Planning
Director. 2. Use is limited to Professional office uses only. 3. Schedule individual client visits
by appointment only. 4. There shall be no outside storage of materials associated with the
business visible from adjoining properties. 5. Demonstrate compliance with any other
ordinances, codes and/or regulations, before issuing a Certificate of Occupancy and a
Business License. 6. If installed any parking and security lighting must be directed away
from any nearby residential properties.
7. Z-17-10 – A request for concurrence with the Augusta Planning Commission to approve
with the conditions stated below; a petition by Bowman Consulting, on behalf of W.R.
Powick, requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General
Business) affecting property containing .56 acres and known as part of 2208 Tobacco Road.
Part of Tax Map 155-0-039-00-0-DISTRICT 6 1. The development must be consistent with
the latest Concept Plan submitted with the rezoning application. 2. The applicant must tie
into city sewer at the owner’s expense. 3. The Site Plan must comply with any other
ordinances and regulations in effect at the time of development. 4. Any new curb cuts and
additional right-of-way and easements for the site are subject to approval by the Augusta
Engineering Department and Georgia DOT, as applicable. 5. Direct parking lot and security
lighting away from any residential properties. 6. A plat of the combined property must be
approved and recorded before the site plan will be released. 7. The retaining wall on the
concept plan must be designed by a structural engineer and may be no closer than 10 feet
from the face of the wall to the exterior property lines.
8. Z-17-11 – A request for concurrence with the Augusta Planning Commission to approve
with the conditions stated below; a petition by CSC Properties, on behalf of Dennis Stanfield,
requesting a change of zoning from Zone B-1 (Neighborhood Business) and Zone B-2
(General Business) with conditions to Zone B-2 affecting property containing .96 acres and
known as 3127 and 3129 Washington Road and 1019 Beverly Heights Drive. Tax Map 011-
0-060-00-0, 011-0-060-01-0 and 011-0-060-02-0 – DISTRICT 7 1. The three existing lots must
be combined into one lot, if the zoning petition is approved, before a development plan may
be submitted. 2. Development of the property will require a privacy fence and a buffer
containing trees and landscaping along the northern property line. The remainder of the site
must comply with the Augusta Tree Ordinance and may require additional landscaping to
buffer the proposed use from the adjoining residential property at the discretion of the
Planning Director. 3. Use must be limited to tire and oil changes and minor auto repair (such
as battery replacement) while the customer waits. Major auto repairs are prohibited on the
site and no vehicles may be stored overnight on the site. 4. All repair work be performed
inside the building and there shall be no outside storage of tires or other repair related
materials on the property. 5. The building must be parallel to Beverly Heights Drive to
minimize disruption from noise to the adjoining residential property to the north. 6. Any
open bay on the business must be a minimum of 100 feet from the residential property line
to the north. 7. The site plan must demonstrate compliance with any other ordinances and
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regulations at the time of development. 8. Any new curb cuts for the site are subject to
approval by the Augusta Engineering Department and Georgia DOT, as applicable. 9.
Parking lot and security lighting be directed away from any nearby residential properties.
PUBLIC SERVICES
9. Motion to approve New Ownership Application: A.N. 17-4: request by William C.
Lenderman, Jr. for an on premise consumption Beer & Wine License to be used in
connection with Giuseppe’s located at 3690 Wheeler Road. There will be Sunday Sales.
District 3. Super District 10. (Approved by Public Services Committee February 14, 2017)
10. Motion to approve New Location: A.N. 17-5: request by Peng Zhao for an on premise
consumption Liquor, Beer & Wine License to be used in connection with the Juicy Crab
located at 2834 Washington Rd. There will be Sunday Sales. District 7. Super District 10.
(Approved by Public Services Committee February 14, 2017)
ADMINISTRATIVE SERVICES
12. Motion to reauthorize an ordinance designating Rocky Creek Enterprise Zone with
extended boundaries. Originally approved by Commission June 4, 2002. (Approved by
Administrative Services Committee February 14, 2017)
13. Motion to approve authorization request for the Procurement and Law Departments to
review and update the Procurement Code to incorporate recent changes in State Law
regarding Partnership for Public Facilities and Infrastructure Act (SB 59) (Unsolicited
Proposals). (Approved by Administrative Services Committee February 14, 2017)
PUBLIC SAFETY
14. Motion to approve the Contract with Emergency Communications Network, LLC to
provide CodeRED Next Services, which includes CodeRED Weather Warning and IPAWS
submission App and authorize the Mayor to execute the approved documents. (RFP 16-248)
(Approved by Finance Committee February 14, 2017)
15. Motion to approve the award of RFP 17-137 Emergency Apparatus/Fire Pumper to Ten-
8 for six (6) Pierce Fire Pumpers and to authorize the Mayor to execute the appropriate
documents. (Approved by Public Safety Committee February 14, 2017)
FINANCE
16. Motion to approve bid award Dawson & Taylor as Commercial Property Insurance
Broker with annual quote. (RFP 17-124) (Approved by Finance Committee February 14,
2017)
17. Motion to approve submittal of funding proposal for Federal Transit Administration
(FTA) Section 5310 Enhanced Mobility for Seniors and Disabled Persons to the Georgia
Department of Human Services and Central Savannah River Area-Agency on Aging.
(Approved by Finance Committee February 14, 2017)
18. Motion to approve award of a $51,448.50 contract to Landmark Preservation, LLC, for
the rehabilitation project at the Meadow Garden House Museum. (RFP 17-132) (Approved
by Finance Committee February 14, 2017)
19. Motion to approve Excess Worker’s Compensation Insurance with Safety National –
Incumbent With Statutory limits and a $1,000,000 Self Insured Retention (SIR-otherwise
12
known as the deductible) to cover all positions for a premium of $304,882. (Approved by
Finance Committee February 14, 2017)
ENGINEERING SERVICES
20. Motion to approve bid award #16-263 to Blair Construction, Inc. for services associated
with construction of the Fort Gordon New Water and Sewage Connections under the Task
Order Program for Infrastructure in the amount of $356,594.15. (Approved by Engineering
Services Committee February 14, 2017)
22. Motion to authorize condemnation to acquire property in fee simple interests (Parcel 087-
2-103-00-0) – 1930 Carolina Road. (Approved by Engineering Services Committee February
14, 2017)
23. Motion to authorize condemnation to acquire property in fee simple interests (Parcel 087-
2-111-00-0) – 201 Aragon Drive. (Approved by Engineering Services Committee February
14, 2017)
24. Motion to authorize condemnation to acquire property in fee simple interests (Parcel 087-
2-218-00-0) – 2012 Willow Street. (Approved by Engineering Services Committee February
14, 2017)
25. Motion to authorize condemnation to acquire property in fee simple interest (Parcel 087-
2-219-00-0) – 2010 Willow Street. (Approved by Engineering Services Committee February
14, 2017)
26. Motion to authorize condemnation to acquire property in fee simple interests (Parcel 087-
2-224-00-0) – 2006 Golden Rod Street. (Approved by Engineering Services Committee
February 14, 2017)
27. Motion to authorize condemnation to acquire property in fee simple interest (Parcel 087-
4-032-00-0) – 204B Dan Bowles Road. (Approved by Engineering Services Committee
February 14, 2017)
28. Motion to authorize condemnation to acquire property in fee simple interests (Parcel 087-
4-074-00-0) – 2069 Golden Rod Street. (Approved by Engineering Services Committee
February 14, 2017)
29. Motion to authorize condemnation to acquire property in fee simple interests (Parcel 088-
1-021-00-0) – 124 Horton Drive. (Approved by Engineering Services Committee February
14, 2017)
30. Motion to authorize condemnation to acquire property in fee simple interests (Parcel 088-
3-004-00-0) – 2013 Florida Road. (Approved by Engineering Services Committee February
14, 2017)
31. Motion to authorize condemnation to acquire property in Fee Simple Interests – 223
Aragon Drive (Parcel 087-2-119-00-0). Approved by Engineering Services Committee
February 14, 2017)
32. Motion to authorize condemnation to acquire title of a portion of property for right of
way (Parcel 059-3-766-00-0) 1433 Twiggs Street. (Approved by Engineering Services
Committee February 14, 2017)
33. Motion to authorize condemnation to acquire title of a portion of property in fee simple
interests (Parcel 087-4-085-00-0) – 2060 Willow Street. (Approved by Engineering Services
Committee February 14, 2017)
13
34. Motion to authorize condemnation to acquire title of a portion of property in fee simple
interests (Parcel 087-4-116-00-0) – 2066 Golden Rod Street. (Approved by Engineering
Services Committee February 14, 2017)
35. Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-2-169-
00-0) 2016 Walnut Street. (Approved by Engineering Services Committee February 14,
2017)
37. Motion to determine that Franklin Lane from Tuttle Street Eastward to the Terminus,
as shown on the attached plat has ceased to be used by the public to the extent that no
substantial public purpose is served by it or that its removal from the county road system is
otherwise in the best public interest, and to receive as information the results of the public
hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the
abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and
an easement to be retained over the entire abandoned portion for existing or future utilities
as directed by Augusta Engineering Department and Augusta Utilities Department and
adopt the attached Resolution. (Approved by Engineering Services Committee February 14,
2017)
38. Motion to determine that Railroad Avenue (in its entirety), Roulette Lane (from
McCauley Street to Hunter Street), and Floyd Street (From Roulette Lane to the Southern
Property Line of 1419 Hunter Street) as shown on the attached plat has ceased to be used by
the public to the extent that no substantial public purpose is served by it or that its removal
from the county road system is otherwise in the best public interest, pursuant to O.C.G.A.
§32-7-2, with the abandoned property to be quite-claimed to the appropriate party(ies), as
provided by law and an easement to be retained over the entire abandoned portion for
existing or future utilities as directed by Augusta Engineering Department and Augusta
Utilities Department. (Approved by Engineering Services Committee February 14, 2017)
39. Motion to approve award of Construction Contract to R.J. Haynie & Associates, Inc. for
the TIA ITS Master Plan Implementation Project, and the TIA Richmond County
Emergency and Transit Vehicle Preempt (EVP) System Project which are both subject to
value engineering-not to exceed $5,333,130. Award is contingent upon receipt of signed
contracts proper bond, and development of LSBOP utilization action plan as requested by
AED. (Bid 16-240) (Approved by Engineering Services Committee February 14, 2017)
PETITIONS AND COMMUNICATIONS
41. Motion to approve the minutes of the regular meeting of the Commission held February
th
7 and Special Called meeting held February 14, 2017)
APPOINTMENTS
42. Motion to approve the following appointments representing District 5: Ms. Ruby B.
Johnson – Public Facilities, Inc; Mr. Marcus Cobb – Augusta Port Authority; Mr. Joseph
Wideman – Animal Control Board effective immediately and Mr. Quincy Jordon –
Riverfront Development Board effective April 1, 2017)
Mr. Mayor: All right, Ms. Bonner.
The Clerk: Are we voting?
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Mr. Mayor: Voting.
Motion Passes 10-0. \[Items 1,2 5-10, 12-20, 22-35, 37-39, 41, 42\]
Mr. Mayor: All right, so here’s our posture. Our first item, Ms. Bonner, that we want to
deal with is the Emmett Street Lane and that issue from an Engineering standpoint.
The Clerk:
ENGINEERING SERVICES
48. Motion to determine that a portion of Emmett Street Lane, As shown on the attached
plat has ceased to be used by the public to the extent that no substantial public purpose is
served by it or that its removal from the county road system is otherwise in the best public
interest, and to receive as information the results of the public hearing held regarding the
issue of abandonment pursuant to O.C.G.A §32-7-2, with the abandoned property to be quit-
claimed to the appropriate party(ies), as provided by law and easement to be retained over
the entire abandoned portion for existing or future utilities-as direct by Augusta Engineering
Department and Augusta Utilities Department and adopt the attached Resolution. (No
recommendation from Engineering Services Committee February 14, 2017)
Mr. M. Williams: So moved.
Mr. Fennoy: Second.
Mr. Mayor: All right so we’re in favor of it but we do have Ms. Blanchard. She was a
petitioner on a delegation section and she wanted to at least acknowledge the good work that had
been done and we thought we’d wait until this time. Ms. Blanchard, if you’ll approach. And when
we have an opportunity to hear good things about the people who work at this government I think
we ought to seize that. And so Ms. Blanchard if you’ll state for the record your name and your
address and then I’ll give you an opportunity to talk about the good stuff that’s happened.
Ms. Blanchard: My name is Lynne Blanchard and I reside in Lincoln County, however, I
own property at 1126 Druid Park Avenue. And I did want to say today that the Engineering
Department, the managers, the maintenance manager had met with me. They explained the city’s
position, they helped me with my concerns and I think that we all came to an agreement that it
would work and that they have got it under control. And I was very, very appreciative with the
time that they spent with me. And I think there’s a lot of good things happening in Augusta. I
don’t know that Augusta necessarily puts its best face forward all the time but there’s a lot of good
things happening here so thank you.
Mr. Mayor: Wonderful, wonderful thank you so much. Thank you so much for coming to
share that with us. All right we’ve got a motion and a second to approve it, Ms. Bonner.
The Clerk: Yes, sir.
Mr. Mayor: All right, voting.
15
Motion Passes 10-0.
Mr. Mayor: Fantastic. All right, we’ll go top down.
The Clerk:
PLANNING
3. TA-07 – A request for concurrence with the Augusta Georgia Planning Commission to
approve a petition to updated Tree Ordinance for Augusta, Georgia. (Approved by the
Commission February 7, 2017 – second reading)
Mr. Mayor: We’re going to limit debate to five minutes on this matter. The Chair
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recognizes the Commissioner from the 4.
Mr. Sias: Thank you, sir. I don’t have a whole lot of debate on this. I am singing to the
choir but I’m going to sing until we close up. On this particular tree ordinance I’ve had some
concerning issues with it from the beginning and I’m still yet to see a process where we’ve actually
sit down and kind of go over some of those things. I appreciate the presentation that has come
from the tree group Ms. Terry and also from Planning and Development Ms. Wilson. But I’m
going to share, it’s not just my concern I’m going to share with you something. As we prepare to
develop our underserved areas of Augusta such as south Augusta, Gordon Highway and a few
other places, southwest Augusta poor property group, poor very prominent developer here in
Augusta. This is what their take on our some of our landscaping ordinances. We asked them to
give us an opinion on what direction we needed to go. They said landscaping ordinances have
become more and more honest. What looks good as a one-dimensional plan and approved by the
Planning Commission often becomes an overgrown and burdensome mess within seven years.
Clear line of sight, elimination of shadows and a clean, crisp look of irrigated grass and substantial
color planting is a successful method to orchestrate the right look for the retail quarter. Retail is
hesitant to locate in an area where their customers cannot see their signage. So I just want to say
I still haven’t been satisfied to get a good understanding from our Planning and Tree folks of how
we can move forward and clean up this. I know our committee approved it. I will vote again
against it but I simply wanted to say it still hasn’t been done in my view. Thank you, Mr. Mayor.
Mr. Mayor: Thank you. The Chair will entertain, all right the Chair ---
Mr. Fennoy: Motion to approve.
Ms. Davis: Second.
Mr. Mayor: --- all right, we’ve got a motion and a second. Voting.
Mr. Sias and Mr. M. Williams vote No.
Motion Passes 8-2.
The Clerk:
16
PLANNING
4. Z-17-03 – A request for concurrent with the Augusta Planning Commission to approve
with the conditions stated below; a petition by Randy Gaitor and Maxine Donaldson, on
behalf of Rosalind Newton requesting a Special Exception to establish a Family Personal
Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta,
Georgia affecting property containing .23 acres and known as 2429 Damascus Road. Tax
Map 056-4-062-04-0 – DISTRICT 2 1. The home shall be staffed in three (3) 8-hour shifts
on a 7-day, 24-hour basis with no staff sleeping in the home. 2. A private room shall be
provided for staff to conduct business. 3. No more than four (4) clients are permitted to reside
in the home based on the number and size of the existing bedrooms. 4. In order to continue
to maintain a local business license, the applicant must continue to maintain a license with
the State of Georgia, proof of compliance with the minimum requirements of Chapter 111.8-
62.01 of the O.C.G.A. must be provided, and the applicant must provide updated fire
department compliance for four (4) clients. All requirements must be met within six (6)
months of approval of the Special Exception, or the Special Exception is void. 5. If wheelchair
bound persons reside in the residence all 2010 ADA Standards for Accessible Design
requirements must be met, including but not limited to: •All doorways must be at least 3 feet
wide. •At least one bathroom that permits a wheelchair dependent person to use all bathroom
facilities unimpeded. 6. All conditions must be met prior to issuance of a local business
license. 7. If approved, a security system to insure the safety and welfare of the residents
must be installed by the property owner before a business license shall be issued. 8. Staff will
review the most recent area crime report to determine whether the use should continue to
operate following one (1) year of the effective date of approval.
Mr. Mayor: Okay, all right here is fine. Okay so we’ve got a, are you Mr. Gaitor? Okay
Ms. Wilson, you’ve been working with him?
Ms. Wilson: Yes I just, to do a high level review of what has happened and then he can go
into more detail with regards to this issue. This is a request from Mr. Randy Gaitor and Maxine
Donaldson on behalf of Rosalind Newton. What they’re requesting is to expand the property from
three people to a home to five residents. Currently the home has a state license and local license
for three people. The square footage requirements for our ordinance basically supports only four
residents and the Planning Commission recommended approval with the following conditions that
the home shall be staffed with (3) 8-hour shifts on a 7-hour, 24-hour basis with no staff sleeping
in the home. That a private room be provided for staff to conduct business, that no more than four
clients are permitted to reside in the home based on the number and size of existing bedrooms and
that they must maintain their local licenses and state licenses for the property. That if they happen
to have a wheelchair bound person reside there they have to come into compliance with the ADA
Design criteria which is all doorways must meet at least 3-feet wide, at least one bathroom will
have to permit a wheelchair dependent person to use all bathroom facilities unimpeded. And that
if approved the security system will be installed to insure the safety and welfare of all residents by
the property owner and that staff will review this item in a year to make sure that there are no
issues with regards to any concerns expressed by residents of the community. I’ll be glad to answer
any questions that you’ve got for the Planning Commission side but the applicant is here to answer
any of your questions.
17
Mr. Mayor: I want to hear from the applicant and then we’re going to have questions from
this body. The Chair recognizes Mr. Gaitor. All right if you’ll state your name and your address
for the record.
Mr. Gaitor: Thank you, Mr. Mayor. My name is Randy Gaitor, Jr., my residence is 2429
Damascus Road, Augusta, Georgia. I want you to know I do comply to the inspections and the
future ordinances as well. We and Maxine we take care of veterans and seniors. We focus on
veterans who are located less than 5 minutes away from the VA and 3 minutues away from the
VA Lodge on Highland Avenue. We offer three meals a day plus snacks, 24-hour supervision,
transportation to their VA appointments, shopping or entertainment and thank you.
Mr. Mayor: All right, thank you. All right, we appreciate that. The Chair recognizes the
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Commissioner from the 4.
Mr. Sias: Thank you, Mr. Mayor. I have a couple of comments but we do have some
objectors ---
Mr. Mayor: I’m aware of that and I’m going to recognize them and have someone from
that body speak since they’re objecting but you had a series of questions.
Mr. Sias: --- okay no, I just have to (unintelligible) my own way.
Mr. Mayor: Okay.
Mr. Sias: Should I go ahead at this time?
Mr. Mayor: Sure.
Mr. Sias: Okay, thank you, sir. Number one, Mr. Mayor, it bothers me when we force,
when we force these businesses in neighborhoods that do not want them. I support the fact that
what these folks do but for me our neighborhoods were built with residential folks in mind. That’s
why folks bought their homes to raise their kids and not be in a business environment, if they did
they would go to a commercial property zone. And I think there are plenty of commercial areas
where you can incorporate these types of businesses or you could put them where no one objects.
And in Highland Park these folks have been participating citizens, they work hard to keep their
neighborhood up. They have some problems already with some apartment complexes but they
work hard to work around that and I’ve worked with them for years. They have a very vibrant
neighborhood association and that neighborhood association’s citizens object to this particular
business being in their neighborhood. Their covenants reject this type of business. We heard a lot
recently about covenants. I have a copy of their covenants from every section that was built and it
says residential use only. So I want it to be known that I really support of neighborhood
associations as they attempt to make life better for their citizens and to be good tax paying folks
where we want them at. Thank you, sir.
18
Mr. Mayor: All right, thank you. All right, the Chair recognizes the Commissioner from
th
the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I’ve got a couple of questions for the applicant.
First of all if he would repeat his address again I think it was 2429 ---
Mr. Gaitor: Yes Damascus Road.
Mr. M. Williams: --- that’s your residence, that’s where you live?
Mr. Gaitor: No, that’s where I work. I live excuse me off of 2024 Wrightsboro Road which
is, I apologize, Mr. Mayor, 2021 Wrightsboro Road which is a duplex. It’s about less than 5
minutes away from the facility.
Mr. M. Williams: Okay that was my first question because I thought I heard you say that
your residence ---
Mr. Gaitor: I apologize, Mr. Mayor, there are times like home but it’s not.
Mr. M. Williams: --- I understand. Mr. Mayor, I am also concerned as well as across the
street it’s surrounded by some apartments that had not had a very good reputation. The residents
in the area had to combat the young people who have moved or even the seniors have moved into
those apartments who have not done a very good job of holding them accountable for staying there.
They’re already an institution by the state that’s in that area already that didn’t come before this
body. It was something that the state did themselves but to add to that and I understand about
enterprise I understand about business I support that. But I think we do have some people who
have invested not making money off of it but who live there who have to sustain their children,
their grandchildren and anyone else they may take in. I’m opposed to this. I saw it on the Planning
board and I thought it was wrong. My question to Ms. Wilson is who inspects these properties
before they go in or even after they get in, who does that and how long does it take.
Ms. Wilson: If you will recall when I initially got here nobody did any inspections or
anything with regards to these properties. Since I’ve been here we have put in place an annual
inspection program where the Code Enforcement staff goes out and inspects the properties. And
in this case they’ve gone out and done an inspection and that’s one of the criteria that we use for
determining how many people that the applicant could have.
Mr. M. Williams: Can I continue, Mr. Mayor?
Mr. Mayor: Yes.
Mr. M. Williams: Ms. Wilson, when you talk about a Personal Care Home you’re talking
about people with disabilities and maybe people who are handicapped whether they be veterans or
whether they be just private citizens. Wouldn’t it be feasible to have to make sure that all of the
entities as far as handicap facilities whether it be a ramp all that stuff would be put in place prior
19
to somebody going into those facilities and saying if you get someone you’ve got to that, wouldn’t
those things be required of a Personal Care Home situation?
Ms. Wilson: Not necessarily. It’s one of those things that if they were to get a client that
had that need the state would also interject and come in and make that requirement. If they don’t
have those in place then the applicant or excuse me then the clients wouldn’t be placed in the
facility.
Mr. M. Williams: Okay, let me use my historic history here which don’t get me very far if
I ain’t got the money for a cup of coffee it won’t get me anything but and in our building code here
when we open up a business of any type the building code makes sure that we add a handicap ramp
because, just because you don’t have a handicapped, handicapped they don’t like that word what’s
the new word?
Mr. Mayor: Disability.
Mr. M. Williams: Disability, I’m sorry, just because you don’t have a disability person but
a disability person couldn’t even visit if you didn’t have the facilities for it so that don’t mean it
had to be a residence. But when you open up a business our guidelines say you have to have that
ramp just in case they even visit and it’s got to be 36 by something, I couldn’t quote no number, I
done forgot them now. But I’m a little bit worried about how we are not holding those rules for
some that we hold for others. So my question to you again is why wouldn’t we, why wouldn’t
Planning and Zoning not require to have those site things when it’s specified personal care type.
Ms. Wilson: To answer your question and I want to be clear. I know I’ve said this on a
number of occasions. Personal Care Homes are just that, they are located in residential
communities, neighborhoods et cetera. They do not have any signage that indicates that they are
any business or anything along those lines and so therefore they are not subjected to the same
criteria that a business where you are serving the public as we are in this building and any other
commercial facility with regards to whether they have to have something that’s ADA compliant.
They have to make a reasonable accommodation so if someone were to go and visit or want to use
the facility then he would have to come into compliance at that time. That’s what the law is to
my knowledge. I’m sure Legal can chime in with regards to Personal Care Homes but I really
want to be clear Personal Care Homes are just that. The only reason that they’re even getting a
business license which they haven’t had to in the past is because we changed our ordinance two
years ago. So you know they are residential uses and as we all know the State of Georgia has
made a lot of changes with regards to trying to provide accommodations for people that might be
in different facilities and things to be able to live in place, live in their neighborhoods and in their
communities and they offer an affordable alternative so ---
Mr. M. Williams: Yes, ma’am, I’m not being adversarial with you but ---
Ms. Wilson: No, I understand, sir.
Mr. M. Williams: --- I want to explain something. I understand the rules to the point you
can have 40 people in your home if you want to as long as you are not advertising and you
20
accommodate them and if they were related to you, you can have two hundred. But when you ask
for a business license to me just to me only that changes everything not with just this gentleman
here but with anybody who asks for a license to come in change it from a Personal Care Home
even though they don’t have signage because I can get five, six people in my home and have them
there and no one would know they’re there. We had a scenario like that already. But when we
come and cross that line and ask for a license then we’re in business whether we’ve got a sign or
not we changed everything. Now we can’t have it both ways, I don’t mean you I’m talking about
this city now.
Ms. Wilson: I understand but just remember that every home occupation that we have in
this city and there’s thousands of them have to get a business license. This is no different. You
know they don’t have to be ADA compliant. If you’ve got an accountant or if you’ve got someone
that’s providing a service in their home they basically have to have a business license because you
know we keep track of that, we make sure we collect any taxes and things of that nature with that.
So all businesses no matter what we try to make sure that they have a license.
Mr. M. Williams: So who decides who needs to the facility then who decides who those
special amenities as far as handicapped because you say we’ve got a lot of home business that are
not required. But then there are other businesses that are required so who makes that distinction
as to which one should have and which one should not?
Ms. Wilson: The decision is made based on where the use is located. If someone is opening
up a commercial business let’s say you’re opening up like we’ve got an item that was on the
consent agenda that’s going to be an oil changing Jiffy Lube type of facility. They have to have
handicap facilities because they’re one, it’s new construction, two they’re serving the public in
general. If you are opening up a home occupation and let’s say you decide you want to be selling
I don’t know maybe you’re going to be James Brown’s representative kind of in arrears because I
know you know a lot about him, you probably have a lot of great stories. But let’s say you decide
you want to open a business in your home to do that you’re not having people come to your house
necessarily to get that service but you’re operating a business in a portion of your house. We’ve
got set criteria that’s in our ordinances that determine what that is. It’s not any different to the
criteria that we’ve got in place for determining the Personal Care Homes that have been coming
before this body. So, you know if you would like to change those rules for all then that’s something
that you as a body can decide but I just wanted to make it clear that anybody that has a home
occupation or any type of business has to have a business license.
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Mr. Mayor: Okay, the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. I had a concern a question number one is this a
gentleman where this house is at is already established it’s already been there, that was already
approved by the state two years ago. I know that you actually had come up with an ordinance to
where the businesses have to comply with Augusta Richmond County to where we could capture
them and get them in our system. And I don’t know why that don’t set in. I appreciate you even
had the forethought because if you didn’t pass that ordinance or the body didn’t pass the ordinance
if he did not come up with it we would’ve never known about all these thousands of Personal Care
Homes. Our Planning and Zoning Board it was approved through them ---
21
Ms. Wilson: Yes, sir.
Mr. Guilfoyle: --- did the residents come and appeal it at that moment?
Ms. Wilson: Yes, sir.
Mr. Guilfoyle: And the questions with the residents that had problems with it as well as
the owner was that resolved at that time?
Ms. Wilson: Well, the questions were asked by the residents and they’re here and I’m sure
they could speak for themselves. But, yes, they were given the opportunity to state their concerns
to the Planning Commission during their public hearing.
Mr. Guilfoyle: Okay, so the way I seen it happen two months or a month and a half ago
anybody that actually has an existing Personal Care Home in the neighborhood it got shot down a
month and a half ago in Pepperidge because the HOA and the covenants are set forth. But I need
to let my colleagues realize the HOA and the covenants are a civil matter. It has nothing to do
with the Augusta Richmond County. The Augusta Richmond County government is responsible
and has to do duty to either grant this Special Exception or not. But as far as your business that’s
been here existing if this don’t pass what happens to this gentleman that already has the Personal
Care Home?
Ms. Wilson: Right now based on the way that this set up he’s only asking or he’s, the
Planning Commission only recommended one additional client. He already has three clients so he
would basically still have the ability to serve the three clients that he has in place.
Mr. Guilfoyle: Did the neighbors, were they aware that there was a Personal Care Home
for all these years?
Ms. Wilson: I don’t recall exactly, you, as I said there’s a number of them out in the
audience and they can probably better answer that question.
Mr. Guilfoyle: Thank you, Ms. Wilson.
Mr. Mayor: All right this is what we’re going to do. We’re going to have an individual
from the objectors who’ll approach and speak on behalf of the objectors. All right if I can get one
individual, if you’ll come forward. Yes, ma’am, all right all of the objectors please stand I just
want to recognize you once more I want to recognize who you are and give you an opportunity.
Okay very good okay we have a representative. Ma’am, if you will state for the record your name
and your residence for the record.
Ms. Johnson: I’m Dr. Beverly Grant Johnson, my address is 2107 Hillsinger Road,
Highland Park Neighborhood Association and Highland Park Neighborhood Association
President.
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Mr. Mayor: Fantastic. You have five minutes.
Ms. Johnson: To answer to the question we did not know about this home at all until
recently when it showed up on the agenda for the Planning Commission committee meeting and
we did not get that until I think at the regular time that they sent out the agenda which is around
5:30 on Friday. So, we got together and came down for that meeting for the Planning Commission.
But our neighborhood association at this time is rejecting the addition of one person. Like I said
we did not know about it. We are pro-veterans you know. We have veterans that live in our
neighborhood, we have veterans in our family but we’re opposing having additional veterans to be
placed in that area of our neighborhood. We worked very hard to bring those apartments, we want
you to visualize in our subdivision we are basically surrounded by ten apartment areas. This has
been the worst one. I’ve been living there 40 years or plus and this we have a lot we had to really
work in that area to get that apartment just to even look decent, trash and everything and we finally
got that together. Usually the Sheriff and our neighborhood association meeting come and give us
some type of reports so we thought that things were a little bit better there but we found out in the
Planning Commission in their report that that apartment which this house sits directly in front of
has had at least 128 police reports. That was presented by the committee.
Mr. Mayor: Dr. Johnson, suspend for a minute. Now I value everything you’re sharing
with us ---
Dr. Johnson: Okay.
Mr. Mayor: --- but the issue of record is one residence that he is asking for a Special
Exception to expand. And the information as it relates to the neighborhood and the apartment
that’s relevant. I know your district commissioner and this entire body is concerned about but ---
Dr. Johnson: One of the things ---
Mr. Mayor: ---- focus your objection on the issue of this matter here before us.
Dr. Johnson: --- the residents there are veterans who are diagnosed with Post Traumatic
Syndrome and mental issues and to be placed in that environment we’re concerned because we,
just the other day we had four or five police cars there and to be exposed to that environment can
trigger episodes for their disabilities. One of the things that we have too is that we’re concerned
about the parking in that area. They’re parking on the yard. Also, an issue that we are concerned
about with our residents is again like it was said we are residential and we’ve been residential all
this time and we’d like to continue. We’re working very hard to keep our inner-city neighborhood
very organized and in compliance at this particular time. Most of our residents in our
neighborhood are retired. We bought our houses years ago for the purpose of retirement not for
the purpose of being a business and we are very concerned about businesses coming in our
neighborhood. Another thing that we’re concerned about is how are these clients being referred
into this Personal Care Home? The gentleman said he lived there and we did have his address as
on Wrightsboro Road and now he’s saying that he lives on Wrightsboro Road. I think he said a
duplex if I’m not mistaken. We’re concerned, very much concerned he is leasing. The owner of
that house does not live there. He is leasing that house and if he’s leasing that house it appears to
23
me if he’s going to do a business that’s kind of a subleasing again and he’s subleasing with veterans
who have severe disabilities who to us as residents are being placed in almost a semi-military
combat zone and we are very concerned about that as well. Even on, if you’ll take a look at the
end they want to review the crime report in a year. We do not feel that another veteran should be
subjected in that kind of environment. He’s already have two we feel, I mean three we feel three
is enough.
Mr. Mayor: All right, your time has expired.
Dr. Johnson: Okay, thank you.
Mr. Mayor: All right I believe you may have questions. The Chair recognizes the
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Commissioner from the 6 for a question.
Mr. Hasan: Mr. Mayor, I don’t have a question for her I have a question for Ms. Wilson
and possibly the Attorney as well because there’s something, there’s a distinction that I need to
get around this issue.
Mr. Mayor: Absolutely all right so, Ms. Wilson, if you’ll approach and stand on deck
Attorney MacKenzie. Commissioner Hasan.
Mr. Hasan: I’d like to know is there a difference in how these homes are viewed. I know
I think there’s a state law that I can have three in my home, three clients in my home and pretty
much without anybody knowing, notifying anyone, right? Is that correct is it two or three in the
State of Georgia?
Ms. Wilson: Basically ---
Ms. Hasan: I don’t have to be a business or anything I can just (unintelligible) in my home.
Ms. Wilson: --- that’s correct and there is a difference. You know the state, and it’s not
only the State of Georgia it’s a national issue with regards to people having the ability to live in
the community. Facilities all over the country some are closing, some are opening up the facility
so that people have a choice with regards to where they live. They are not traditional businesses
as you think about it when you think about somebody getting a business license which is why I
went into a little bit more detail about you know about that issue. But yeah they’re treated
differently.
Mr. Hasan: Yes, ma’am. The reason I asked is because we’re going through this and I
know we’re going to continuously deal with this. I’m looking, as opposed to I don’t know who
Ms. Rosalind Newton is here. I know Mr. Gaitor just identified himself but it seems to the end of
the young lady’s comments that this is someone coming in renting property or purchasing property
and legally setting up a business in your neighborhood which to me becomes quite different than
me having three people in my home. I don’t have to have a license. I don’t have to be identified
under no circumstances. I can do that per state law. But when you’re coming in adamantly just set
24
up a business in the community I think we’re talking about a whole different conversation. Thank
you, Mr. Mayor.
Mr. Mayor: Okay all right, we’ve heard from the objectors, we’ve heard from the
Commissioners, we’ve heard from the Planning Director and all of this conversation has been very
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good. All right, the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Mr. Mayor, I want to be brief with this but let me just say this is not
about this young man or this business this community is what I’m worried about. This community
is bordered now we as a government have allowed for several junkyards to encroach around the
same residents along Walden Drive. You drive down Walden Drive now and all you’re going to
see is wrecked cars and a torn up fence and cars parked on the sidewalk. Now let me tell you about
automobiles I know a little bit about those. When you stack them up like that they don’t just be
stacked but nothing there’s rodents and everything else that multiplies that lives inside that leaves
those areas and go out into the community. Now we talk about the community that’s what it’s all
about, protecting the community. So it’s not personably about this young man but when you allow
so much to happen to one area then it does have a great effect. And these people who have been
there for quite some time who have invested I don’t think you’d want this in your neighborhood,
Mr. Mayor, with the other stuff. Now it’s all right with one, two but when you’ve got ten to twenty
then something’s wrong something happens. And we open the door then you can’t close it because
you opened it up for one and you’ve got to let them all in. Go back to what I said earlier about the
rules are rules if it’s good it’s good, Sean.
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Mr. Mayor: All right, we have not heard from the Commissioner from the 2. The Chair
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recognizes the Commissioner from the 2.
Mr. D. Williams: Thank you, Mr. Mayor. I’d just like to ask my colleagues to take into
consideration prior to their vote on this subject. Several years ago the Department of Veterans
Affairs started outsourcing a lot of their care for veterans. There’s a lot of veterans and older
people in our community that need the services that these individuals provide. You could call it a
business, you could call it a service, but it’s a service that our people need in our community. This
young man already has an operating Personal Care Home. Half the people, I drove by and didn’t
even know it was if I didn’t have the address on the list. It’s a well-kept building with a well-kept
yard and plenty of off street parking. Now he wants to add one more, nothing’s going to be wrong,
it’s not going to add that much to it. Heck there’s more Personal Care Homes than you know in
your neighborhood but lucky enough our Planning office devised a system that they still have to
start having a business license which is good. Several years ago we didn’t have that, it was just
running wild. And when it’s determined if you can have an individual in your home it goes through
several different agencies to ensure that you qualify for providing a service because it’s a lot of
people out there that need somewhere to live in spite of what we think and where we live and
they’re already around the corner from us. Plus, we have stipulations and guidelines that do not
allow another home to come within 400 feet, I’m sorry twelve, I’m sorry 1,200 feet. So those
guidelines are set out that make sure that it will not become a running over business. At this time
I make a motion to pass this petition ---
Mr. Fennoy: Second.
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Mr. D. Williams: --- to approve it, I’m sorry.
Mr. Fennoy: Second.
st
Mr. Mayor: All right, I’ve got a motion from the Commissioner from the 1 seconded that
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Madam Clerk, the Commissioner from the 1 seconded it.
The Clerk: Oh, okay.
Mr. Mayor: He gave you the second. Okay all right, we have a motion to approve and a
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proper second. The Chair recognizes the Commissioner from the 4.
Mr. Sias: Mr. Mayor, I make a substitute motion that we disapprove this request.
Mr. M. Williams: Second.
Mr. Mayor: All right, I’ve got a substitute motion and this is to deny the request with a
proper second. All right that’s our posture we have a motion to deny the request with a proper
second. Voting.
Mr. Sias, Mr. Jefferson, Mr. Hasan, Mr. M. Williams and Mr. G. Smith vote Yes.
Mr. Fennoy, Mr. D. Williams, Ms. Davis, Mr. Frantom and Mr. Guilfoyle vote No.
Motion Fails 5-5.
Mr. Mayor: That motion fails.
The Clerk: Do you vote yes, sir?
Mr. Mayor: That motion has failed.
The Clerk: You’re voting yes?
Mr. Mayor: No I’m abstaining.
The Clerk: Okay.
Mr. M. Williams: Wait a minute, Madam Clerk, I need some clarity again. I mean the
Mayor don’t get to abstain the Mayor’s got to vote he’s the only vote when there’s a tie. If it’s a
tie, how can he abstain?
The Clerk: You need your Parliamentarian.
Mr. M. Williams: Well, let me talk to my lawyer here let me see.
26
Mr. Mayor: Well if you want to, hold on hold on even if you want to talk to the
Parliamentarian ask the Chair to recognize you and we’ll do it that way, okay that’s how we’ll do
it. All right, would you like to have the Parliamentarian speak on this matter?
Mr. M. Williams: I need you to vote. I don’t need you to abstain because you’ve got one
time.
Mr. Mayor: Right and it’s my prerogative about whether I break or make a tie, it is my
prerogative. I’ve learned very well from you over the last twelve years that you’ve been a part of
this government and it my prerogative to abstain, to vote yes or to vote no. You have trained me
well, you have trained me well.
Mr. Hasan: Commissioner Williams, you ought to know that. You’ve been the
(unintelligible) so you know he can abstain.
Mr. M. Williams: He can’t abstain. He, this is a tie. How are you going to abstain?
Mr. Sias: Mr. Mayor, can we go to the next motion?
Mr. Mayor: We’re going to but you know again the Dean of this body always leans over
and reminds me, Madam Clerk, that you know I need to be trained on the rules and he wrote this
rule. I’m going to leave it at that. All right that motion has failed. We’re now on the main motion
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and that is to approve. We have a motion from the Commissioner from the 2 and a proper second
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from the Commissioner from the 1.
Mr. M. Williams: Mr. Mayor, can we get a roll call vote?
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Mr. Mayor: All right, we’re going to have a roll call vote. The Commissioner from the 9
in his wisdom would like to have it documented. All right voting. Madam Clerk?
The Clerk: Ms. Davis.
Ms. Davis: Yes, ma’am.
The Clerk: Mr. Fennoy.
Mr. Fennoy: Yes.
The Clerk: Mr. Frantom.
Mr. Frantom: Yes, ma’am.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: Yes, ma’am.
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The Clerk: Mr. Hasan.
Mr. Hasan: No.
The Clerk: Mr. Jefferson.
Mr. Jefferson: No.
The Clerk: Mr. Sias.
Mr. Sias: No.
The Clerk: Mr. Smith.
Mr. Smith: Yes.
The Clerk: Mr. D. Williams.
Mr. D. Williams: Yes.
The Clerk: Mr. M. Williams.
Mr. M. Williams: Present.
Motion Passes 6-3-1.
Mr. Mayor: I want to mention something. I want to applaud the Commissioner from the
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2 at least for his articulation of this matter. And I also want to applaud Director Wilson for what
she’s attempting to do. In 2004 the State of Georgia entered into an agreement with the Justice
Department on said act particularly as it relates to individuals who are in our institutions, mental
health institutions. The requirement and responsibility was to begin moving those individuals into
the community. That was an aggressive move forward in 2010. A lot of this has nothing to do
with the immediate issue around Personal Care Homes; they are in fact within the same section of
the Code. And pursuant to that this is not a new issue. It is not going away, Commissioner Hasan,
and what you want is consistency and you want a policy i.e. an ordinance, local law that is
replicable, that provides you with something that you can stand up to in a court of law that says
you are again not discriminatory in nature. You’re providing everyone with the same set of rules
and so I want to applaud you for that. While this is a tough issue it is an issue that you will hear
time after time after time and when you have a policy in place that says this is how you affect these
issues then we certainly need to look for opportunities to be supportive of that. If you deny any of
them, make sure you have good reasons other than just we don’t want it over here in the
neighborhood because like most of us come to find out they’re in our neighborhood already. You
just don’t know about it because they don’t have a sign because that’s what the law says. You do
not post signs; you do not make a public showing of these things. And so, Madam Clerk, we’re
going to move on to the next item. We’re going to move on to the next item, Madam Clerk.
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The Clerk:
PUBLIC SERVICES
11. Motion to approve the Downtown Redevelopment Plan Update. (Approved by Public
Services Committee February 14, 2017)
Mr. Sias: Mr. Mayor, I thought that was (unintelligible).
Mr. Mayor: Well I gave you, I gave you the opening argument the closing argument and
a public time of point of personal privilege before. Let’s move on to the next item; we’ve got a
lot of business in front of us, a lot of business. All right, Madam Clerk.
Mr. Sias: (unintelligible) Mr. Mayor, thank you.
Mr. Mayor: You’ll get another opportunity.
Mr. Sias: I’ll remember that.
The Clerk: Mr. Marion Williams.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: Thank you, Mr. Mayor. I want to get some information I guess about
the approval of the Downtown Redevelopment Plan. I was hoping somebody could explain and
just tell me, I’m not opposed to this but I would like to know exactly what it is. We’ve got several
plans out there and when I look at this agenda item I want to make sure that who’s on first and
what was on second and what was coming where. So, I thought someone maybe could address
this and help me understand a little bit better. I say again I’m not opposed to it but I didn’t just
want to okay it without knowing first hand a little bit of something about it.
Mr. Mayor: All right, the Chair recognizes Director Wilson.
Ms. Wilson: Just in general because I know there was a lot of discussion on this matter in
committee. This is basically an update for the Downtown Redevelopment Plan it does not change
the boundary for the URA so I want to be very clear about that. The plan is a unified vision and it
is to try to help create a friendly downtown, business friendly downtown. The goal was to figure
out how can we attract new investments, have some consistencies and figure out what we can do
to try to stabilize parts of the community. So, one of the things that this does is it identifies areas
where you can park because parking has been probably one of the largest issues of debate and
discussion as people are talking about redevelopment of downtown. As we went through this
process we realized a lot of people didn’t even know where parking lots were located or that they
existed. We identified where open space should be located. We talked about mobility issues with
regards with people being able to get around in a safe manner. We are collaborating with the
Engineering Department regarding work that they’re having done on the Cooper-Carey Study with
this as well as the Downtown Development Authority. This again basically creates a few
29
development criteria and standards for properties that we’ve got in the area that insures that we’ve
got us into place and this plan kind of sets a stage of what the downtown should look and feel like.
We have included again as I said just data that you would need if you were thinking about
relocating a business in the downtown area the things you would want to know about how many
square miles is the downtown? It’s 2.66 square miles. How many people live in that area? It’s
over 7,466. How many jobs do we currently have there? Over 23,000 and how many businesses
do we have in that area and at that point it was 759 so this document also provides a lot of just
good overall information. What this document does not do again is it does not change the
redevelopment or the urban or URA boundaries. Those are still intact. It does also provide an
opportunity for a few of the neighborhoods. You’ll find in this document we included the
Harrisburg Neighborhood as well as Old Town. While they’re not part of the URA boundaries,
they are part of downtown neighborhoods and as people are relocating to this area from other parts
of the country, a lot of people want to be close to downtown so it gives us an opportunity to have
them as part of the discussion with regards to how businesses and things of that nature are situated
but also to create transition areas as the downtown area grows impacting those neighborhoods.
Mr. M. Williams: Ms. Wilson, let me ask you a couple of simple questions.
Ms. Wilson: Okay.
Mr. M. Williams: A couple of questions is in approving this agenda item what would that
do for this body as to approving this agenda item?
Ms. Wilson: What this does is is that if Housing and Community Development for example
were to go to try to get additional funds through other sources, one of the things that either grant
funding agencies or state agencies and federal agencies want to have in place is an updated plan.
They want to have a strategy. They want to know that you’ve looked at what is going on in your
downtown area and the Urban Redevelopment Area, the URA Planning Document, doesn’t
initially do this. This is more comprehensive so it creates a document that can be used as a tool
for future funding, future development. It gives us an opportunity to create some standards so that
if somebody comes in ---
Mr. M. Williams: Is this an in-house document?
Ms. Wilson: --- it’s a document that once it is approved will be used by the general public.
Mr. M. Williams: Yeah but my question is, is this an in-house document that someone
from your staff or someone from IT or from Finance ---
Ms. Wilson: Yes, we worked to develop, we developed the document I’m sorry, sir. Yes,
we developed the document in-house. It wasn’t contracted out.
Mr. M. Williams: Well, you know parking like you just started off with is one of our
biggest issues and we’ve been talking around parking. We hadn’t talked about parking; people are
scared to even talk about parking meters. We went to Savannah here a few months back and they
said they don’t know how we exist without parking meters and how we do it because you’ve got
30
to have a way to manage the traffic or manage the parking but we hadn’t had those conversations.
And you know I’m thinking that this body ought to be included in a part of those conversations to
talk about and get real with parking. Now we did a study I heard Carey-Cooper’s name mentioned
again. They helping us on every side of this city it looks like but we’re just still talking. Downtown
Development been had a plan, a parking plan that wouldn’t cost us any money where they would
send in our situation for us where they would get all of their monies back and after they was paid
the city would start to make money off the parking. We talked about the court system and how
we’re going to enforce it. All those things have been talked about for years before you got here
and so my question is when I was talking about a redevelopment plan when you approve a plan,
what’s going to happen next? How’s that going to be implemented? How’s that, when are we
going to get started? Maybe I asked the wrong questions ---
Ms. Wilson: Okay and that’s fine, sir. One of the things I just want to reiterate as well it’s
a couple things one, we did meet with, we had a number of public meetings. We met with several
agencies not only downtown but in-house. We see this as an opportunity to create a partnership.
One of the things we did which was not done previously was we do have an implementation
schedule in with regards to partnering, who can partner together to move some of these projects
forward. Does this answer or address the specifics of parking? That is a decision that has to be
made by this body in addition to the other agencies that have to enforce it. I think at this point in
time if I’m not correct I’m sure somebody from Legal will tell me like the Sheriff’s office there’s
questions about if you do do the meters, and I don’t disagree with you but who, how do you deal
with, you know, if somebody says well you know you gave me a ticket that, you know, I shouldn’t
have gotten. That’s not what this document does but this document talks about the fact that there
needs to be more discussion and a resolution with regards to how you all as a body want to deal
with parking. So it’s not kind of hiding behind the fact that we don’t need parking but what it does
do and one of the things that we found by talking with folks out in the community through our
process is people didn’t even know where parking was located. We spent time identifying this is
where opportunities are for parking. We talk about the fact that because there is a parking problem,
you know, we need to look at and encourage private businesses to look at maybe putting in a circle
area of some sort that will route people around downtown and from the hospitals to downtown so
the people have access to the businesses that are downtown and they can have some predictability
with regards the routing schedule for that service. It touches on several things but you know it’s
not the catchall for everything.
Mr. M. Williams: There’s several other issues, Ms. Wilson, we’re not going any longer
with that but I think the City of Augusta needs to be doing the promoting as far as where the
parking area is. We need to let the people know we have parking decks and the park and ride
situation came up that’s on this body with our Administrator. You know we’re talking about
approving a Redevelopment Plan I’m in support like I said but when we approve a plan and we
don’t really understand it, we just approve something. There’s a lot of different very important
factors in here that I agree with you know but I think that what comes first the chicken or the egg
situation. We need to start to talk about it not just up here but in the community, advertisement let
people know. Even with our bus situation where people don’t know the buses change and people
don’t, they’re not encouraged to do it, they’re not going to do it. So I’m going to make a motion
to approve this ---
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Mr. Smith: Second.
Mr. M. Williams: --- I wanted to make sure I did bring this to your attention or someone’s
attention to, you know, to do like my colleagues and rubber stamp it and say you know they
understand it, I’m not going to do that.
Ms. Wilson: Well, we’ll continue to work with ---
Mr. M. Williams: I understand.
Ms. Wilson: --- the people downtown about trying to market where parking and things of
that nature are located.
Ms. Mayor Pro Tem: Thank you, Ms. Wilson. Thank you, Commissioner Williams.
Please vote. We have a motion and a second.
Mr. Jefferson and Mr. Smith out.
Motion Passes 8-0.
Ms. Mayor Pro Tem: Is 21 next or 20, 21.
The Clerk:
ENGINEERING SERVICES
21. Motion to approve award of Construction Contract to Reeves Construction Company in
the amount of $9,578,429.25 for Marvin Griffin Road Improvements Project as requested by
AED. Award is contingent upon receipt of signed contracts and proper bonds. (Bid Item 16-
222) (Approved by Engineering Services Committee February 14, 2017)
Ms. Mayor Pro Tem: Commissioner Williams.
Mr. M. Williams: Thank you, ma’am. Mr. Ladson, I saw this in the backup and the item
for $9,578,429.25 I’m worried about what Phase 3 is going to look like is there a Phase 3 or are
these the two phases and this is all the money?
Mr. Ladson: No, sir. Our projects, our large projects like this normally consists of two
phases when we’re doing roadway widening on an existing road. Phase 1 normally consists of
hiring a contractor, letting the project to get a contractor to declare right of way to right of way so
the utility companies can come in and move their utilities. Once they’re about 75% completed,
then we would actually bid the second phase which is the actual construction ---
Mr. M. Williams: So the ---
Mr. Ladson: --- because in the past when you bid them all as one package utility companies
I won’t say get behind but there’s some time issues there and the contractor’s kind of stuck not
32
being able to get some work done and that’s where you have change orders and those type things
coming into play. When you do bid it as a two-phase project then you don’t have that issue.
Mr. M. Williams: --- so this $9.5 is just the first phase?
Mr. Ladson: This is the second phase.
Mr. M. Williams: This is the second phase.
Mr. Ladson: Yes, sir.
Mr. M. Williams: Okay, so we won’t need any additional money.
Mr. Ladson: No, sir.
Mr. M. Williams: Okay and that was my question about was there going to be another
Phase 3 because $9 million, 578 is, I’m going to make a motion to approve.
Mr. Frantom: Second.
Ms. Mayor Pro Tem: Okay, we have a motion and a second, please vote.
Mr. Smith out.
Motion Passes 9-0.
Ms. Mayor Pro Tem: Okay number 36 I believe is next.
The Clerk:
ENGINEERING SERVICES
36. Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-4-031-
00-0) 204-C Dan Bowles Road. (Approved by Engineering Services Committee February 14,
2017)
Ms. Mayor Pro Tem: Who will be here to speak on that agenda item could you, Mr.
Ladson?
Mr. Ladson: Yes, you have two ---
Ms. Mayor Pro Tem: Oh, okay.
Mr. Ladson: --- myself and Legal.
Ms. Mayor Pro Tem: Commissioner Williams.
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Mr. M. Williams: Okay thank you. My question about Dan Bowles Road and it’s talking
about that parcel with Hyde Park being moved I guess is a good word. What are we doing with
Dan Bowles Road, is that the same area?
Mr. Ladson: Yes, sir. You’re talking about where Hyde Park is adjacent to Dan Bowles
Road and this property is adjacent to Dan Bowles.
Mr. M. Williams: So this is not the road itself this is ---
Mr. Ladson: No, sir.
Mr. M. Williams: --- this is what?
Mr. Ladson: This is an actual parcel that’s adjacent to Dan Bowles. I don’t know if we’ve
got a picture we can show them.
Mr. M. Williams: A picture’s worth a thousand words they’re saying. That’s what they
say, Sean.
Mr. Ladson: (inaudible) it’s not the actual road.
Mr. M. Williams: So the road’s still going to be passable it’s still going to be I mean with
all the construction and stuff headed in that direction, I was wondering why we were doing
something with Dan Bowles Road, that’s why I pulled the item because I thought it was ---
Mr. Ladson: No, sir, that’s and Tom may be able but that’s a Utilities project that they’re
actually working on out there.
Mr. M. Williams: But it is in Hyde Park area on Dan Bowles.
Mr. Ladson: It is on Dan Bowles Road on what they’re doing right now.
Mr. M. Williams: So moved ---
Mr. Sias: Second.
Mr. M. Williams: --- Ms. Chair.
Ms. Mayor Pro Tem: Okay, we have a motion and a second, please vote.
Mr. Smith out.
Motion Passes 9-0.
Ms. Mayor Pro Tem: Mr. Mayor, we’re on 40.
Mr. Mayor: Thank you, Madam Pro Tem.
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The Clerk:
ENGINEERING SERVICES
40. Motion to approve amending the ARC Waste Management Plan. (Approved by the
Engineering Services Committee February 14, 2017
Mr. Hasan: Mr. Mayor, I’m sorry Commissioner Williams pulled it, I’m sorry.
Mr. M. Williams: I ---
Mr. Mayor: Hold on, hold on all right, the Chair recognizes the Commissioner from the
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9.
Mr. M. Williams: Yes, sir, Mr. Mayor, I had this pulled because I had some concerns. I
wanted to talk with Mark Johnson and I had some concerns about the airport and wanted to get
some feedback from them. But if I can get Mr. Johnson to come to the table or to the podium.
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Mr. Mayor: Okay so we’re going to, 10 minutes. All right the Commissioner from the 9
you’re going to, all right so we’re going to get Johnson first and then we’re going to get ---
Mr. Speaker: The airport.
Mr. Mayor: --- all right, Mr. Johnson.
Mr. M. Williams: I asked Mr. Johnson to give me an update or help me out, help me
understand. And I said to the applicant I wasn’t opposed but I’m going to support whatever the
Environmental Services thought was there. I want to be business friendly but at the same time I
don’t want to handicap this government in any way.
Mr. Johnson: Sir, to recap where we were last week one of the challenges is we have a
defined Solid Waste Management Plan that sets the rules for everybody. In that one of the
requirements is do they have the proper zoning? As of today they don’t have the proper zoning
for that site. It’s Heavy Industrial but they don’t have the appropriate Special Exception. Number
two and some of the other speaking points that we’ve put together is that the plan talks about need
and need’s defined as 10 years’ worth of airspace in the community. Right now our landfill has
140 years of airspace available so based on our current plan there’s not a need. The state
empowered local governments to write these plans so that we didn’t end up with multiple landfills
or a system that’s not cost effective long-term. So some of the things just for consideration is
number one, your need base is 10 years. We have 140. Multiple facilities have the potential to
impact the revenues of successful solid waste programs. Our Solid Waste Program has a variety
of capital improvements projects that are going to come up in the next 18 months. You’re looking
at about $25 million dollars’ worth of expenses that we’re going to take to build new facilities,
close old facilities, expand gas systems and by devaluing revenues impacts the profitability’s long-
term of our facilities. Other things that you need to understand about an effective solid waste
program we have two outstanding bonds. Those bonds are backed up by full faith of the General
35
Fund. So as you lower the cost effectiveness of one landfill understand the government’s still on
the hook to pay the debts that we’ve already accumulated. Closure post closure care. We have
one of the highest status landfills of municipal solid waste that’s available but we have to care for
that landfill for 30 years from the day we stop taking trash and we have to set those funds aside
for long-term. Those funds are also financially assured by the government in its entirety. So if we
continue to devalue ourselves Augusta’s still on the hook for that financial assurance. And the last
point is we paid the General Fund effectively and you’ll be making a financial impact to those
franchise fees and payments in lieu ofs. The question that I couldn’t answer effectively last week
was what’s the impact and we still don’t have real good data for true C & D but what we did is we
went in and line itemed and said asbestos. In 2014 we did $345,000 dollars’ worth of asbestos.
That’s a product that can go in a C & D landfill, $181,000 in 2015, $400,000 in 2016. Inert waste
if you remember we had the ice storm in ’14. We did $1.1 million dollars of inert material with
that ice storm in 2014. That is a product that could go to another facility. So at the end we added
demolition. Some of those materials we regulate to our facility anyway but the economic exposure
is $500,000 to $1.5 million, that’s the exposure. We verified that by going back to a Waste
Composition Study that the state did through R.W. Beck back in 2005 where they looked at the
statewide average for C & D being about 6% of the MSW volumes. If you look at our annual
budget that means that financial impacts about $700,000 dollars give or take. So we just cross
referenced it to be a good point of measure so if you look at our math it’s a half-million to $1.5
million. If you take the statewide average that R.W. Beck came up with you’re about $700,000
dollars. So, at the end of the day we have a zoning issue, we have a needs issue, and we have a
financial issue. The question is where do we go from here.
Mr. M. Williams: My question to you, Mr. Johnson, if we amend this Waste Management
Plan that we’ve got what advantage or disadvantage would it give to us if any? If not I just need
to know.
Mr. Johnson: If we amend the plan one let’s talk about amending the plan. It’s rewriting
a Master Plan and it’s going to define what the standards are for all facilities actually for all of our
solid waste programs. So it’s a slower process but you would have to we would get public input
and then we would talk about which of those standards we want to lower. We’re not going to
lower whether it needs zoning because that’s a zoning requirement. We may lower the financial
component if you guys so choose. We may adjust the need requirement if you so choose but at
the end of the day understand that for every action there’s going to be a financial reaction, good or
bad.
Mr. M. Williams: Okay, Mr. Mayor, that’s all the questions I had for Mr. Johnson. I was,
maybe some of my other colleagues might have another question but I wanted to know by
amending it what that would do whether it’d be an advantage or disadvantage.
Mr. Johnson: The, if we lower our standards and open the community up to more landfills
---
Mr. M. Williams: What do you mean when you say more, Mr. Johnson, more landfills.
We’re talking about one.
36
Mr. Johnson: --- when we, it’s kind of like a code. You don’t adopt a code for an
individual; you adopt a code for a society, for a community. So when we lower the standards,
we’re lowering those standards for all.
Mr. Hasan: Mr. Mayor?
Mr. Mayor: All right okay all right let’s, let’s here from all of the all right the Chair
th
recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, what I would like to say if you listened
to what Mr. Johnson’s initial conversation that really we’re putting back to Commissioner Todd’s
statement that we’re putting the cart before the horse. This issue needs to go back to Planning and
Zoning and then come back to us because it fits Special Exception. We also, I was looking at the
airport I was looking at some concerns about it worried about birds and things in that area as well
being in their jurisdiction their airspace so really, Mr. Mayor, we had a conversation but ought to
for all intents and purposes forward it back to the Planning and Zoning. We’ve had that
conversation with Melanie Wilson. We had it with Attorney Wright McLeod and everything and
that’s what we’re going to be recommending because they’ve agreed I mean Ms. Wilson has
identified that it needs to come back to them because it fits Special Exception and that’s where it
needs to start at. I’d like to make a motion for that ---
Ms. Davis: For what to send it back?
Mr. Hasan: --- to send it back to send it to the Planning and Zoning.
Mr. D. Williams: Second.
Mr. M. Williams: Mr. Mayor, if I can ---
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Mr. Mayor: Okay all right hold on just a minute. Okay the Commissioner from the 6 is
well within his right to make a motion recommending that this be referred to the Planning
Commission. He’s well within his right and a proper second. All right, I’m going to recognize
th
the Commissioner from the 9, state your inquiry.
Mr. M. Williams: My inquiry is, Mr. Mayor, is that I agree that we can send this back but
entities are here, there’s business people here. The airport has been sitting here and if we’re going
to talk about this I don’t want to go to committee and then got to get them back down here to talk
about it again. I mean I appreciate the Commissioner’s concern about and I think that’s where it
needs to go but I want to hear the concerns from those entities that’s important so when I get in
committee I done heard from them. I can have a better understanding I think to make a decision or
whatever we need to do. But when I’m hearing from one on today and another one tomorrow
everybody’s in the same room here so I think we ought to continue (inaudible).
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Mr. Mayor: Well, I was hoping that the Commissioner from the 6 would yield but he
wanted to go ahead and speak to it and that’s fine.
37
Mr. Hasan: Point of Personal Privilege.
Mr. Mayor: Hold on, hold on, my intent is to hear from all of them. Go ahead and just
hear it and then we’ll come back to the underlined motion and we’ll have heard. All right, so all
right, I’m going to hear from Mr. Judon and then I’m going to come to the petitioner. All right,
the Chair recognizes Mr. Judon from the airport.
Mr. Judon: Good afternoon, Commissioners. The issue at the landfill I became aware of
it last week and from an airport operation standpoint there are some concerns with the landfill in
the proximity of the airport. When it was initially, when I initially heard about it we were under
the assumption that it was a solid waste landfill and that is typically obviously from the FAA
perspective a greater concern then a D&C landfill. However, what we have done since finding out
about the landfill is reached out to the FAA as well as the Georgia Department of Transportation
Aviation. There are some prerequisite regulatory requirements that those agencies have to look at
prior to approving landfills within the footprint within the vicinity of an airport. So, I have not
heard back from those agencies yet and again I do suspect that a D&C landfill will not be as
egregious from their perspective as a solid waste landfill but I think I would like to hear back from
those agencies. And for example the FAA has a procedure called a 74/60 which is a Notice of
Proposed Construction or Alteration and again if there’s certain types of construction within a
certain footprint of the airport, that triggers a review and procedures so that will allow us to kind
of go through the steps and look at that kind of stuff.
Mr. Mayor: Mr. Judon ---
Mr. Judon: Yes, sir.
Mr. Mayor: --- are you aware that this was a landfill before?
Mr. Judon: No, sir.
Mr. Mayor: Okay so which means that you are unaware that it was a landfill prior to them
coming and making a petition for a substitute landfill, okay which means they would have already
have had addressed that at some point in the past when it was a previous landfill.
Mr. Judon: Possibly, yes, sir ---
Mr. Mayor: Okay.
Mr. Judon: --- I mean but I think we should ---
Mr. Mayor: I’m not suggesting that you shouldn’t do your due diligence now. I fully
support that but I think if you’re going to come and speak to it you need to be aware of those things
as well.
Mr. Judon: Yes, sir.
38
Mr. Mayor: Okay, all right, I’m going to go down here to the, I’m coming back to you,
Commissioner.
Mr. Hasan: Okay.
Mr. Mayor: All right, I want to make sure our Director has his comments heard. Are you
complete, Mr. Judon?
Mr. Judon: Yes, sir.
Mr. Mayor: Okay all right, very well. Okay all right, let’s hear from the petitioner.
Mr. McLeod: Mr. Mayor, Mr. Chairman, Commissioners, let me address just go down.
You’ve heard my pitch; let me just address Mark’s comments. Zoning. We first approached the
city about this landfill almost two years ago and we all kind of came to a process as to how to get
there to be voted on up or down. And we’ve known from the very beginning that we needed to go
through Planning and Zoning but we said how do we go through Planning and Zoning and ask for
something that the Solid Waste Management Plan does not allow for. So we said okay let’s go
and amend the Solid Waste Management or attempt to amend the Solid Waste Management and
then assuming success there, we go right back to Planning and Zoning, right back to Planning and
Zoning Commission and I will be right back in front of this body with the same arguments to get
the Special Use Designation. So this is multistep process. This is just the first of many steps not
the least of which is the airport and the EPD and the required public hearings. So when we say
‘kick it to zoning’ had we known that two years ago we would’ve done that from the very
beginning. Need. Mark touts 140 years and he is probably correct on that but that is municipal
solid waste. We’re free market small business construction and demolition. And we have stated
from the very beginning and the presentations we’ve presented we don’t view Augusta Municipal
Landfill as the competition. Our competition is in Columbia County, it’s in Burke County, it’s in
Aiken County. Now are we going to take some from Augusta? We think so and we actually our
proforma is about a third of his market which we estimate to be not $700,000 but $500,000. By
our own estimates with the discussion with the landfill we believe that he brings in on an annual
average about $500,000 of C&D and inert waste. We believe that based on competition we can
take or will take about a third of that. And we have demonstrated or we believe that we will bring
more money to this city in additional revenue, tax dollars, jobs, capital improvement than we’re
literally taking from Augusta Municipal which is further away and more expensive to operate than
any local C&D, so that’s need. Money. Politics or garbage is the ultimate political business as we
met with the Mayor. It is big money. We get it but that is municipal solid waste. What we’re
talking here is small business guys that can dump for $25.00 dollars a ton instead of $35.00 or
$32.00 dollars a ton. What we’re talking about here is the opportunity to collate a trucking
company, a recycling company and other businesses in a part of the county that really has not seen
significant private investment in years. That’s what we’re proposing. A little over half a million
maybe three quarters of a million has already been invested in the process. We’ll anticipate another
$1.5 to get completely up and running and that again assumes that the EPD is going to grant.
Airport. Wife and I flew in and child last night, wonderful airport, great but again this is a C&D.
This is PVC pipe, this is asphalt so the issue of the bird situation is just not relevant to this situation.
We’re almost a mile away from the airport, a little over 5,000-feet 6,000-feet being a mile. If this
39
Commission says to go back to Planning or go to Planning and Zoning then we certainly will do
that. I don’t know that I see the benefit with the understanding that I’m going to be there starting
next week and we’re going to start this whole process again. I’ll be happy to answer any questions.
Mr. Mayor: All right, we’ve got just a few more minutes to debate on this matter. It’s
been lengthy including last week so all right I’m going to go to the Commissioner down there on
th
the end Commissioner from the 8.
Mr. Guilfoyle: Thank you, Mr. Mayor. Wright, as far as your numbers of $500,000 dollars
you know where you said that Mark Johnson you figured $500,000 dollars and Mark was
$720,000. Where did you get your numbers from?
Mr. McLeod: Mark and I have been working on this for two years, year and a half so he
said look I can’t calculate it like that. We’ve done our own proformas as to the actual market
within the CSRA. We believe we can take one-third of the market share and as we’ve discussed
that’s based purely on proximity to the job site. That is the number one factor to a determination
by a hauler or a grader or a clearer as to where they’re going to go. It’s the distance to the landfill.
So we think based on the map I’ve shown in which there are no C&D landfills other than Mark in
Richmond County we can take a third. We estimate he’s about a $500,000 that was a number he
and I discussed, he’s got a new number today, you know, I don’t know.
Mr. Guilfoyle: Right.
Mr. McLeod: That number came, that is a number that Mark and I have been discussing.
Mr. Guilfoyle: Okay and I do realize that your position is not to go after the Augusta
Richmond County C&D haulers. Yours is to go after the one that’s actually going outside the area.
Mr. McLeod: Yes, sir I mean and they go to North Augusta from downtown Augusta it is
---
Mr. Guilfoyle: But as far as Moses Todd speaking he spoke with me before this meeting
has even started and he brought up some, you gave him one of your ---
Mr. McLeod: Presentations?
Mr. Guilfoyle: --- yes and it still left some questions that he, he’s here for a reason. He’s
not here to be anti-business he’s not whatsoever he actually is a pro-business no different than I
am but his questions that he’s raised as far as the asbestos issue. I told you in the beginning I told
you, Mr. Neville I don’t know trash and when somebody brings up a question I have to ask
questions as well to get answers. As far as the asbestos, the contaminants that actually does seep
in the soil what protections, we have a line of landfill. What protections to do have from your
landfill?
Mr. McLeod: Commissioner there is certainly nothing more important than the
environmental impact; there’s just not whether it be water, air or ground. I have my engineer here
40
you know I’m a dirt guy, I’m a dirt lawyer but I think if I defer asbestos, lead, Moses talked about
sheetrock but if I could defer and let him address your specific questions ---
Mr. Guilfoyle: That would have to be Mr. Chairman’s decision on that one.
Mr. Mayor: Well ---
Mr. McLeod: --- or I’ll try.
Mr. Mayor: --- you can, why don’t you approach I mean I think ---
Mr. Guilfoyle: Thank you, Mr. Mayor.
Mr. Mayor: --- yes, sir, I think you’re getting real technical but only a few minutes left.
Mr. Guilfoyle: The question that Mr. Todd had can you respond quickly so we could I
could (inaudible).
Mr. Speaker: Yes, sir. Mr. Todd spoke to three issues. He talked about lead, he talked
about asbestos and he talked about hydrogen sulfide from sheetrock. So, the asbestos issue. That’s
not a ground water contamination issue or a soil contamination issue. It’s just a breathing hazard
when you’re in an interior space. Once you take it outside to like a landfill like we propose you
dig a hole, you put it in, you bury it. The hazard’s gone so the asbestos issue is not a concern. The
issue of sheetrock. Again that’s not a ground water issue, that’s not a soil issue. That is an issue
when it if it begins to decompose and you’re within the range to smell it. I’ve never heard of
anybody keel over from hydrogen sulfide gas at a landfill before. Again I don’t think that’s a big
issue. And then getting on to this lead issue. Construction demolition waste is by definition of the
EPD waste with a low potential for contamination. The lead amount in a ton of C&D waste is
extremely low to nonexistent. There’s more lead out there that exists naturally in the soil at the
Dixon Airline Road site than would be in 100,000 tons of waste.
Mr. Guilfoyle: Thank you, sir. Wright, as far as last week once the meeting was over, Mr.
Johnson had let me know as well as you at the same time that once we open the door it opens the
door for everybody, are you aware of that?
Mr. McLeod: Yes and he’s correct and we concur that by amending the Solid Waste
Management Plan it will allow other people to apply for C&D, however, this body still has the
final stamp via Planning and Zoning.
Mr. Guilfoyle: That’s true but it puts us in precarious position, shall I say, you allow one
but not the other.
Mr. McLeod: Yes, sir, you’re correct.
41
Mr. Guilfoyle: But all right as far as your, somebody had questioned to me yesterday what
is your intent on this property? I actually called the Attorney on it last night in regards. Is your
intent on selling this?
Mr. McLeod: Well, we’re not. I mean this is my attempt to get out of the legal business.
You know every lawyer once you become a lawyer the first thing you try to do is try to get out of
the legal business.
Mr. Guilfoyle: Commissioner, it don’t work. I can promise you that.
Mr. McLeod: I have local partners. I mean I am not the principal, that right now this is
owned by a local individual who’s a client of mine. He lives here in town. He’s currently at his
house in Honduras. You know he’s obviously smarter than I am but he has allowed me to run with
this ball. He has stated that if we get it up and running that I will be an equity partner as well as
these other individuals here. It is our attempt to hold the coattails of somebody who’s been very
financially successful and I intend to run it or I intend to work with them as they run it and I intend
to pay for my kid’s college education and wedding and ---
Mr. Guilfoyle: I understand that.
Mr. McLeod: --- a beach house would be nice but not likely.
Mr. Guilfoyle: All right, Mr. Mayor, the, my colleague made a motion. As far as the, I’d
just like for him to define his motion. His motion was to send it, to go through Planning and
Zoning and go through that cycle. Can he let me know the reason why?
Mr. Mayor: All right, so let’s just suspend for a minute. All right, we have had almost 30
minutes of debate today, almost 30 minutes of debate last week and I’ve got a number of
Commissioners who have not even spoken to this matter.
Mr. Guilfoyle: I’m sorry about that.
Mr. Mayor: That’s all right. All right, this is our posture. We’re going to recognize the
th.st
Commissioner from the 7 I’m going to recognizes the Commissioner from the 1 and then we’re
going to go back to the motion that was provided. Between then and now the Commissioner from
thth.
the 6 will have a chance to clarify. I do recognize the Commissioner from the 9 He had a hand
th
up, the Commissioner from the 6 had his hand up. All right, I want to get to the conclusion of
th.
the matter. All right, the Commissioner from the 7 All right, Mr. Johnson, if you’ll approach
st
you’re going to be asked a question. The Commissioner from the 1 you’re up next.
Mr. Frantom: Thank you, Mr. Mayor. Mr. Johnson, you said the planning process might
take a I think around a year is what I’ve heard with public input. Could we initiate the planning
process and the start to get the public input without rewriting the plan?
Mr. Johnson: Our plan’s due next year anyway so we could initiate the process for updating
our Solid Waste Management Plan and getting that process started and then we would take public
42
input. We would bring those things back to the Commission. It has to be adopted by Blythe and
Hephzibah and then it goes to the state.
Mr. Frantom: So instead of sending this back to Planning and Zoning we could basically
get it moving somewhat by having the public input phase and the initial planning phase process,
is that correct?
Mr. Johnson: We could accelerate the updating of the Solid Waste Management Plan.
Mr. Frantom: Okay. I’d like to make substitute motion to initial the Solid Waste
Management Planning process.
Mr. Guilfoyle: Second.
Mr. Mayor: Okay all right, all right, I’ve got a substitute motion and a proper second. The
st
Chair recognizes the Commissioner from the 1.
Mr. Fennoy: Yes, I have two questions. The first one is for you, Mark. When you talked
about the Dixie Airline landfill and the Solid Waste Management Plan you mentioned lowering
our standards. Why would we have to lower our standards?
Mr. Johnson: Right now we have a very restrictive plan. Our plan was drafted in 2007
and it was drafted very restrictive and so we would be changing some of those restrictions to a
different standard, some of them may be lower. Where for example we have a provision in our
Solid Waste Management Plan that says we will not sign off on concurrence which is a requirement
to the state if we believe it will have a negative impact to the finances of Augusta Solid Waste.
When you bring a landfill to the community, it most likely will have some impact to Augusta’s
Solid Waste Program. That provision would be removed or a different provision would be put in
place that may be a lower standard. But as it’s written today it’s written very restrictive and we
would have to remove some of those restrictions and we remove those restrictions for all.
Mr. Fennoy: So we couldn’t do this and maintain the standards that we have now? We
couldn’t allow another landfill and maintain the standards. Now I know that there may be some
financial loss but that doesn’t necessarily mean we’re lowering our standards, does it?
Mr. Johnson: There’s a whole series of requirements in our Solid Waste Management Plan.
I think you’re talking about environmental standards. Most of those environmental standards are
established and set by the state. In our plan we’ve mirrored many of those. In some cases we’ve
actually increased those standards above the state so as an example the state defines where you
can put the landfill associated with the ground water recharge area. We said if it’s in a recharge
area you can’t have one. That pretty eliminates most of the county. We would have to modify
that standard and move that standard back down to a state standard rather than a local standard.
Mr. Fennoy: All right thank you and Mr. McLeod you had mentioned that our tipping fee
is like $35.00 dollars a ton?
43
Mr. McLeod: Roughly ---
Mr. Fennoy: And you’re coming in at maybe $25.00 dollars?
Mr. McLeod: --- yes, sir $25.00 to $28.00. I mean it is a capitalistic environment. Mark
raises and lowers his fees based on a myriad of factors. Any landfill does.
Mr. Fennoy: All right but and I guess my question is if I’m a hauler why would I want to
pay $35.00 dollars a ton when I could pay $25.00 to $28.00 dollars a ton?
Mr. McLeod: The only reason you would pay more would be proximity. So if that job site
is closer to a higher priced landfill then you go there. Other than that you go by the tipping fee if
distance were equal but you’re thought process is correct, Mr. Commissioner, but there are other
factors that go into it as well. When a you know a landfill is you know they operate, there are
times when they don’t want more and so they raise their price. And there are other times when
they’re starving and they need to keep the dozers moving and then they drop the price. So, but it’s
a tipping fee and it’s a distance that determine profitability.
Mr. Fennoy: I have no more questions, Mr. Mayor.
Mr. Mayor: Okay, I’ve got a motion, I’ve got a substitute motion ---
Mr. Hasan: Mr. Mayor?
Mr. Mayor: --- with a proper second and that is the matter that is before us, all right? I’m
thth
going to recognize the Commissioner from the 6 and then from the 9 and then we’re going to
vote.
Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, first I’d like to, to Mr. McLeod and his
team I would like to apologize to you all for you’re saying you’re not realizing from all the time
that you spent trying to get to where you are today that you didn’t realize that you had to go to
apply for the Special Exception. This is no offense against you. I’d think as a governing body we
ought to go by the process that we ought to go by the process as much as possible. In terms of that
I think if my colleagues look at item number 43 that I pulled, I pulled it for the simple reason I was
under the assumption that the young lady, Ms. Mack, does not live in my district based on what I
heard today I went on and pulled that, you know, because we’re trying to abide by the policies and
rules that governs the government. And I think if we do anything other than try to send it back to
the Planning or sent it back to the Planning and Zoning that it comes back to us, allow them to do
their due diligence not because there’s a lot of moving targets there that we ought to be concerned
about. And we talk about the substitute motion it says well let’s go for the public meeting, let’s
do that. It didn’t even mention going back through the process of Planning and Zoning to vet this
for us even though we can do something different. We’re talking about several things here. We’re
talking about where the airport’s going to eventually get back for information purposes. We’re
talking about also when you heard the engineer mentioned, he mentioned about burying the
asbestos and that it was going into the ground. Well, based on talking to Mark just now we have
a pond less than 100 feet away from there that we use for people for water purposes in South
44
Augusta and so you say you’re going to bury asbestos out there. So it’s a lot of other things that
we ought to be concerned about at the end of the day. Number one first and foremost is our process
to protect the integrity of that. That’s doesn’t say that the program is not a no go. It’s just saying
that we ought to be concerned about those kinds of things in looking at our own process and not
compromising the opportunity to rectify ourselves and that’s where we are right now. We’re at a
point where we can make an informed decision and not do this here right now, send it back, let
them do what they need to do to do their due diligence that should be the most important to us
right now and not compromise our process because to the point like the point is being made right
now. Mark said and Mr. McLeod agreed if you open the process up you begin to in essence allow
other folks to come in. If we take and compromise our process today and we have an opportunity
to correct that then who’s to say that they won’t challenge us about violating the process in the
future and what could we say, we have an opportunity today to get it right. Ms. Wilson had made
the comment to Mr. McLeod. She made that comment to Mr. Wayne Guilfoyle and it needs to
back through the, it needs to go through the Planning and Zoning and let them vet it for us. Thank
you, Mr. Mayor.
Mr. Mayor: Okay all right, I have a motion and a substitute. I have a motion and a
th
substitute. All the Commissioner from the 9 recognized for one final question.
Mr. M. Williams: I have to use my lawyer hat and say my closing argument, Ms. Bonner,
but I don’t have a closing argument. I just wanted to ask a couple of questions because I remember
years ago when this got started and how we tried to help out. I didn’t know it was a landfill per se
whether it be a C&D or another kind. At one point I thought we were mining clay and other stuff
out of there and what was going back in. And I didn’t because if it was a landfill before why are
we even coming now and saying it needs to be a landfill. It’s already been a landfill if it was a
landfill that’s my point. The second thing is that I’m concerned about the airport. The runway is
less than that distance from the door to the Airline Dixon Road maybe the distance but the runway
is even shorter than that and that’s where the planes come through. So I’m really concerned about
whether or not there’s a bird issue or could be a bird issue. And I know birds don’t pick through
sheetrock and all that stuff but I don’t think they look from up in the air and say hey there’s nothing
down there I need to go check it out, I think they do I don’t know now. But my point is I want to
do it right. I want to help, I want to do what I can but I want to make sure we hold the integrity of
this city and make sure that we, we’ve got a process in place. It does concern me now if we open
the door because we’ve done opened the door for some to get in then somebody else is going, they
may not even have an idea about doing it but once the door is open somebody else is going to
come. Somebody’s going to want to do it and if we open for one we’ve got to open for the other
one as well regardless of how big or how large if we do that. So, I think Planning and Zoning
would be our first step to go back and talk to them. I’m a little bit concerned when Wright said he
spent a quarter of a million dollars but didn’t know he had to go to Planning and Zoning. I mean
the man you’re working for or working with got plenty of money if he can spend that kind of
money and not do the little stuff first, I mean that speaks volumes. So, Mr. Mayor, I’m not going
to prolong it. I just think we ought to go on back to Planning and Zoning, get it on the table, let’s
start looking at it, let’s make sure we dot our ‘I’s’ and cross our ‘T’s’ but let’s make sure we know
once we open it up, it’s open. It ain’t halfway open, it’s open.
45
Mr. Mayor: Okay all right, Attorney MacKenzie, Item 40 is a motion to approve amending
the Waste Management Plan, is that not true?
Mr. MacKenzie: That’s how it’s worded currently.
Mr. Mayor: Okay and if the plan was amended that does not approve a landfill, is that also
not true?
Mr. MacKenzie: That is correct. I think the better motion is the one that’s also been made
orally which is to initiate the process to amend the plan and that requires public notice, hearings,
things of that nature and then adjustments could be made to the plan so that an additional landfill
would be consistent with the modified plan.
Mr. Mayor: Okay and so on the basis on what’s before us we’re talking really about two
different things. That’s always a quagmire that as I sit here and listen a process and I understand
that. I’m not on either side of the issue other than I want to make sure that whatever we do that
tomorrow we follow the same practice in terms of how we address these types of issues. Is it also
not true that we are not voting again today on whether or not we are approving a landfill?
Mr. MacKenzie: That’s not a motion currently not a motion before you, no.
Mr. Mayor: That’s correct. Okay, I just wanted to clarify that the item’s that’s here is a
motion to amend the Waste Management Plan. The Waste Management Plan addresses how we,
whether we open up or close and address landfills in Richmond County. Is that also not true?
Mr. MacKenzie: (Inaudible).
Mr. Mayor: Okay all right, we have a motion and a substitute that’s before us. All right.
Voting.
Mr. M. Williams: What is the substitute motion, Mr. Mayor?
Mr. Mayor: All right, all right, we’ll have Madam Clerk I believe we’ve got that for the
record. We’ll repeat the substitute motion.
Mr. Guilfoyle: Point of Privilege, Mr. Mayor.
Mr. Mayor: Just suspend for a moment, Commissioner. Madam Clerk go ahead.
The Clerk: To initiate amendment of the Solid Waste Management Plan is our substitute
motion. The main motion was to refer this to the Planning and Zoning.
Mr. Mayor: Okay all right, so let’s dispense of the substitute motion first. Either we’re
supporting it or not and then we’ll deal with the main motion. All those in favor of the substitute
motion will vote yea and those opposed will vote no. Voting.
46
Mr. Fennoy, Mr. D. Williams, Ms. Davis, Mr. Frantom, Mr. Smith and Mr. Guilfoyle vote
Yes.
Mr. Jefferson and Mr. Hasan vote No.
Mr. Sias and Mr. M. Williams abstain.
Motion Passes 6-2-2.
Mr. M. Williams: Where are we at, Mr. Mayor? What does that motion (inaudible).
Mr. Mayor: All right, so effectively again all this does is say that you will initiate amending
the Waste Management Plan. Through the process of that as you go through that review if you
find you being this governing body along with Mr. Johnson that again you cannot support making
changes that will facilitate this it is well within you right. You still can do that, you can still do
that. At the end of the day you have not voted to create another landfill in Augusta Richmond
County. That is the most important piece you need to walk away from this table understanding
that you have not voted to give them the authority to create a landfill. That has not happened. You
still have the opportunity to look at this which is what effectively what Commissioner Hasan’s
whole process is.
Mr. Hasan: I agree with your interpretation, Mr. Mayor, though ---
Mr. Mayor: Yeah I know ---
Mr. Hasan: --- agree with your interpretation in what you’re saying though.
Mr. Mayor: --- right. His thought is go through Planning and Development which is what
you’re going through now. In terms of the amendment, you initiate the process. They’re going to
be involved in that conversation. You are not going to just simply do it, Commissioner from the
th,
9 per your question. All of those things will happen and again if during the course of that
discovery and investigation you deem that this is just not what we want to do then you shut it
down. I mean that’s what you do; it’s that easy. All right, the Chair recognizes the Commissioner
th.
from the 8, State your inquiry.
Mr. Guilfoyle: Thank you, Mr. Mayor. My point of privilege earlier before this vote was
taken this is the only motion on the floor that gets them closer to where they need to be. I know
that the primary motion was for Mr. Wright McLeod and the party to go before Planning and
Zoning but what you could do is do this simultaneously and that way it’s not waiting for the
response to come back from Mark Johnson and then going to Planning and Zoning. Do this and
it’ll save time and that’s where I was trying to get to before the vote was taken. Thank you, Mr.
Mayor.
st.
Mr. Mayor: The Chair recognizes the Commissioner from the 1State your inquiry.
Mr. Fennoy: Commissioner Guilfoyle and I was on the same track and drive the same train
this time.
47
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Mr. Mayor: Yeah. Again in the words of the Commissioner from the 9 the horse has not
left the barn, he’s still in the barn.
Mr. Hasan: He must’ve had another horse in there then.
Mr. Mayor: No he’s still in the barn.
Mr. Fennoy: Mr. Mayor ---
Mr. Mayor: Yeah.
Mr. Fennoy: I would also like for our Airport Director to get as much information ---
Mr. Mayor: Absolutely, absolutely.
Mr. Fennoy: --- he can about this project to present to us when it comes back before us.
Mr. Mayor: Absolutely. Madam Clerk, our next item.
The Clerk:
APPOINTMENTS
43. Motion to approve the appointment of Ms. Monica R. Mack to the Citizens Small
Business Advisory Board representing District 6.
Mr. Hasan: Mr. Mayor, that’s mine.
Mr. Mayor: I know, I’m coming to you. I’m going to let everybody clear the chamber.
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The Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor, when I pulled this from the agenda and
per my comments a few minutes ago and I appreciate you allowing me to speak again around that
issue, I was under the assumption I couldn’t appoint Ms. Mack but obviously, I can because we
just violate the rules and do what we want to do. So obviously, I can appoint Ms. Mack to this
board and you know when we violate the rules.
Mr. Mayor: All right ---
Mr. Hasan: Well, we ---
Mr. Mayor: --- Commissioner, will you suspend for a minute?
Mr. Hasan: Yes, sir, I will.
Mr. Mayor: All right this, let’s stand at ease for five minutes, five minutes, five minutes.
48
Mr. Mayor: All right, that’s why we needed a break, Ms. Bonner. Get everybody to come
on back, you can feel the love in the room, feel the love in the room. I’ve got Hong Kong Phooey
down here on one end. All right, all right okay um, okay all right, we’re on Item number 43.
Mr. Speaker: Motion to approve.
Mr. Speaker: Second.
Mr. Hasan: Mr. Mayor, don’t ya’ll put me in the middle of that one because, excuse me,
Mr. Mayor.
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Mr. Mayor: The Chair recognizes the Commissioner from the 6.
Mr. Hasan: --- yes, sir, I, well you ain’t, when you ain’t got no laws, you’ve got a nation
of outlaws and so I think we acted that way today including myself, I’m a member of the body so
that’s including me to my colleagues. So, short of us suspending the rules, I don’t know what that
looks like. Can we get a ruling from the Attorney around suspending the rules so see what that
looks like?
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: Well, since this language is in the Consolidation Act my suggestion
would be that you amend the Consolidation Act to reflect something different.
Mr. Hasan: We ain’t fixing to do that. But that’s all right, we ain’t opening up that
Pandora’s box. Mr. Mayor, I asked the question. He can stop talking.
Mr. Sias: (unintelligible).
Mr. Sias: Yes, yeah that’s a good one, Mr. Mayor. I just withdraw this and do something
different for the young lady who she made contact with me and was very excited. She already sent
and I’ve got to break her heart she already sent to my home a thank you note and everything for
being appointed and I won’t be able to do just that. I think she lives in District 7 if I’m not mistaken
---
Mr. Mayor: Hold on ---
Mr. Hasan: --- unless you think she lives in District 7.
Mr. Mayor: --- okay all right, well here’s what I’ll recommend you do to the Commissioner
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from the 6. When you go back and have a conversation with her, tell her it was that Commissioner
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from the 9 who said no.
Mr. M. Williams: Give her my phone number, tell her to call on me.
Mr. Mayor: All right, he’s withdrawing, he’s withdrawing at this time.
49
Mr. Hasan: Yes, sir.
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Mr. Mayor: All right, very good. Okay all right the Commissioner from the 6 withdraws
his request for appointment until a later time. All right, I’m coming to you. All right, I think our
next one is 44.
The Clerk:
APPOINTMENTS
44. Motion to approve the reappointment of Mr. Tim Martin to the General Aviation
Commission representing District 7.
Mr. Guilfoyle: He lives in that district. Motion to approve.
Mr. G. Smith: Second.
Mr. Mayor: All right, we’ve got a motion and a second.
Mr. M. Williams: It’s my item, Mr. Mayor. They can motion and second and third if they
want to.
Mr. Mayor: Yeah, they can and they’re going to vote on it in a minute I’m going to ---
Mr. M. Williams: I understand and they’ve got a right to ---
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Mr. Mayor: --- the Chair recognizes the Commissioner from the 9.
Mr. M. Williams: --- thank you, sir.
Mr. Mayor: State your inquiry.
Mr. M. Williams: Mr. Tim Martin’s address was on Walden Drive and whether he has
moved or not of whether that’s a different Tim Martin. I just need to know for clarification because
that’s why I had this pulled, same thing whether or not Tim Martin that was residing on Walden
Drive in the 2900 block if I’m not mistaken.
Mr. Guilfoyle: 206 Simmons Place.
Mr. Frantom: In Montclair.
Mr. M. Williams: I understand.
Mr. Frantom: From 2011.
Ms. Davis: District 7.
50
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Mr. Mayor: All right, the Commissioner from the 7 has once again reminded the
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Commissioner from the 9 that that information is under Tab 44 in his book and he is ---
Mr. M. Williams: Let’s just go ahead and address it. I’ve got no problem but we’re talking
about the rules then if it’s a rule it’s a rule.
Mr. Mayor: All right, voting.
Motion Passes 10-0.
Mr. Mayor: Madam Clerk, let’s go to the addendum item so we can go ahead and deal
with all these appointments while we’re here and get that done. All right so, all right Item number
50.
The Clerk:
APPOINTMENTS
50. Motion to approve the reappointment of members to the Urban Redevelopment Agency
(URA) Agency, Messrs. Bob Young, Brad Owens, Isaac McKinney, Ms. Bonnie Ruben and
the appointment of Mr. Hardi Jones to the vacant seat due to the resignation of Ms. Amanda
Bryant. (Requested by Commissioner Ben Hasan)
The Clerk: Item Number 50 is just additional information on the Talent Bank
Questionnaires for Item Number 50 for the current URA members Messrs. Bob Young and Isaac
McKinney, Ms. Bonnie Ruben along with the Talent Bank Questionnaire for Mr. Hardi Jones. The
update Talent Banks are the current ones that our office have on file. We inadvertently pulled the
old ones to include in your agenda book and we just wanted to make sure you were aware of the
updated ones. We did not get an updated one on Mr. Brad Owns.
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Mr. Mayor: All right, the Chair recognizes the Commissioner from the 6.
Mr. Hasan: Thank you, Mr. Mayor. Mr. Mayor Commissioner Dennis Williams and
myself last week attended the URA meeting at HED’s office and they was going over some of the
things about a project. And that being said the URA Board let it be known that they had a vested
interest in being reappointed if that was our desire because a couple of them had already was in
holdover status. One of them was about to expire and two of those had two years left. One of
those also they have four current members and they have one empty slot and they wanted to also
to hope that we would fill that slot because in the very near future they will be conducting business
as they see it and they want to be in the appropriate status to do that. With that being said, Mr.
Mayor, I’d like to make a motion to reappoint Mayor Bob Young, to reappoint Bonnie Ruben
and in Amanda Bryant’s place who resigned to put in Mr. Hardi Jones. I’d like to make that
motion.
Mr. Mayor: All right.
51
Mr. Hasan: And Isaac McKinney who’s already still he’s got time left.
Mr. Mayor: Okay.
Mr. G. Smith: Second.
Mr. Mayor: Okay, I’ve got a motion and a second the second from the Commissioner from
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the 10. All right, the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Mr. Mayor, is Brad Owens on the URA?
Mr. Mayor: He has been on the URA, that’s correct.
Mr. Guilfoyle: Is he still on the URA?
Mr. Hasan: Yes.
Mr. Guilfoyle: Okay, I didn’t see his name up here ---
Mr. Hasan: The second name.
Mr. Guilfoyle: Huh?
Mr. Hasan: I’m sorry, Mr. Mayor. I’m sorry, I’m sorry, Mr. Mayor.
Mr. Mayor: All right, everybody, right they did. If you go back to your underlined agenda
item Commissioner ---
Mr. Hasan: Okay.
Mr. Mayor: --- if you go back to your underlined agenda item number 50 Brad’s name is
in fact listed.
Mr. Guilfoyle: Okay, thank you, sir.
The Clerk: We just didn’t have an updated Talent Bank Questionnaire as requested by the
Commission for him on file. That’s why he’s not listed on the addendum agenda.
Mr. Mayor: All right, so we’ve got a motion and a second. All right, the Chair recognizes
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the Commissioner from the 1.
Mr. Fennoy: Mr. Mayor, I’d like to make a motion that we take them one at a time.
Mr. Mayor: Well, I’d don’t think you need to make a motion to that. We certainly can
take them one at a time but you’ve got a slate that’s been presented and I think it’s the posture of
this body right now to move forward with the slate. Well, well I might’ve upset everybody on that
52
end and I’m going to go ahead and upset everybody on this end. We have a slate that’s before us
and we’ve got a proper motion and a second, let’s vote. All right, you’ve got your hand up the
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Chair recognizes the Commissioner from the 7.
Mr. Frantom: I just ask that moving forward when we have these appointments there’s
some discussion before we put them on the agenda. I went through proper protocol and went
through the Mayor and my individual didn’t have his Talent Bank in and it’s fine, but I just think
out of respect that moving forward if we can have discussions before we put agenda items like this
with all of the body. Thank you.
Mr. Hasan: Duly noted, Mr. Mayor.
Mr. Mayor: Yeah, I think he’s accurate on that, absolutely. All right voting.
Ms. Davis: Mr. Sias is gone, Mr. Mayor.
Mr. Mayor: Yes, he has left.
Mr. Fennoy abstains.
Mr. Sias out.
Motion Passes 8-0-1.
The Clerk: Are we going to the additions?
Mr. Mayor: Yes, ma’am.
The Clerk:
ADDENDUM
51. Motion to approve the appointment of Mr. Davis Dunagan to the Augusta Housing &
Community Development Citizens Advisory Board representing District 10.
Ms. Davis: Move to approve, Mr. Mayor.
Mr. Hasan: Second.
Mr. Mayor: All right, we’ve got a motion and a second ---
Mr. M. Williams: (Inaudible).
Mr. Mayor: --- it’s what you had, Commissioner, you just had it in your hand.
Mr. Guilfoyle: How did you all find out that Mike Thurman wasn’t in the district?
Mr. M. Williams: That addendum wasn’t approved. We didn’t nobody asked about,
number 50 was in the book and that was an extension of that but the other item was not.
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Mr. Frantom: Why don’t we just delete 43 (inaudible).
Mr. Mayor: No, no, no, no, no um, David Dunagan lives in the district. He’s lives in the
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Super District. He’s in District 3 and in Super District 10 so the Commissioner from the 10 in
offering this he has met those requirements. Right, we’re only doing number one. All right, voting.
Mr. Sias out.
Motion Passes 9-0.
Mr. Mayor: Thank you, Madam Clerk. The Chair recognizes the Commissioner from the
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6, state your inquiry.
Mr. Hasan: Thank you, Mr. Mayor. In talking with my colleague from District 10 the
young lady does live in Super District 10 and he says he’d be more than happy to appoint her to
the board for me and so we put it under his name to keep it moving.
Mr. M. Williams: If he’s got one appointment now he can’t have ---
Mr. Hasan: He don’t have one, he said he don’t have one. We’re not talking about the
Sheriff’s Board we’re talking about the Citizens Advisory.
Mr. Mayor: Okay so ---
Mr. Hasan: He don’t have an appointment then.
Mr. Mayor: --- hold on, hold on, hold on, I’ve got an agenda in front of me and we’re
going to get through it.
Mr. Hasan: Go ahead, Mr. Mayor ---
Mr. Mayor: --- okay?
Mr. Hasan: --- we can come back to it.
Mr. Mayor: All right, Madam Clerk, I think we’re on item ---
The Clerk: Can we get a motion to delete Item A because we never did do that initially?
Mr. Mayor: Item, which item Madam Clerk, Item A?
The Clerk: A. We just need, do we have unanimous consent?
Mr. Mayor: We do we have unanimous consent ---
The Clerk: Okay, that’s done.
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Mr. Mayor: --- without objection.
The Clerk: I think that clears up the addendum agenda.
Mr. Guilfoyle: Mr. Mayor, a Point of Privilege.
Mr. Mayor: All right just hold on, hold on. All right so what we have in front of us we’ve
got a number of items. We’ve got item number 45, item number 46, 47 and 49 okay. All right,
item number 46 is going to be referred to committee. Item number 47 is going to be referred to
committee ---
Mr. M. Williams: No, sir.
Mr. Mayor: --- yes, sir.
Mr. M. Williams: No, sir, that’s on the agenda. It belongs to this body. It don’t belong to
the Mayor. It belongs to the body, isn’t that right ---
Mr. Mayor: Well ---
Mr. M. Williams: --- Mr. Parliamentarian?
Mr. Mayor: --- and I’m a part of the body so ---
Mr. M. Williams: Yes, sir.
Mr. Mayor: --- so I’m going to ask for a motion to refer it to committee in a minute when
I get to it so I’m just putting everybody on notice ---
Mr. M. Williams: (Unintelligible).
Mr. Mayor: --- all right, in just a second.
ADMINISTRATIVE SERVICES
45. Clarification from the Administrator regarding the Compensation Study as it relates to
compensation for custodial employees. (Requested by Commissioner Ben Hasan)
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Mr. Mayor: Item number 45 the Commissioner from the 6 has that he’s still present.
Mr. Hasan: Yes, thank you, Mr. Mayor. I just wanted to make a statement around this
issue. And the Administrator per Commissioner Williams conversation around this issue last week
was simply trying to look at the custodians being the lowest paid persons that we have on staff or
one of them. And with that being said the Administrator let it be known that possibly in the middle
of June our Compensation Study will be back so my real concern here was that when the
Compensation Study comes back, we hope to be giving some sense of reference point to start from
55
and that is from our lowest paid employees and not so much our underpaid employees. Just for
clarity, Mr. Mayor, because many times I’m not clear in what I mean so somebody can tell me if
I’m using the appropriate language. What that means for me is that we may have people on the
lower end of the pay scale making seventeen, sixteen, $15,000 dollars a year versus a person who
will be making $60,000 a year based on the comp study should be making $80. So, even though
I realize that person’s making $60 is underpaid I still believe that we ought to start at the lowest
paid employees and try to make them whole as much as humanly possible. So that’s just a
conversation to throw out there. You don’t have to do anything with it. That’s just something I
wanted to put on the record I wanted to say. Thank you, Mr. Mayor.
Mr. Mayor: All right okay.
Mr. Fennoy: Motion to receive as information.
Mr. Frantom: Second.
Mr. Mayor: All right yeah, all right.
Mr. M. Williams abstains.
Mr. Sias out.
Motion Passes 8-0-1.
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Mr. Mayor: The Chair recognizes the Commissioner from the 7 for a motion.
ADMINISTRATIVE SERVICES
46. Motion to approve the recommended revisions to the Personnel Policy & Procedures
Manual (PPPM), Chapter III, Grievances, Discipline, & Appeals. (Requested by
Commissioner Sammie Sias)
PUBLIC SAFETY
47. Discuss Probation Services Department. (No recommendation from Public Safety
Committee February 14, 2017)
Mr. Frantom: I make a motion to send 46 and 47 back to committee.
Mr. Fennoy: Second.
Mr. Mayor: We have a motion and a second.
Mr. M. Williams: Point of Personal Privilege, Mr. Mayor.
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Mr. Mayor: The Chair recognizes the Commissioner from the 9 for a Point of Personal
Privilege.
Mr. M. Williams: I’m just trying to figure out, Wayne, because something ain’t working.
You can’t take both items and decide it belongs to this body and wrap them together and decide to
send them back. Item 47 is something that’s been ongoing for quite some time and it’s getting
56
really, really serious now. It’s been serious all the time but it’s at the point now where I am sick
and tired of waiting around ducking and dodging around the real issue that’s going on with the
Probation Service. Now this thing is getting out of hand. We’re here now to talk about it in
committee. We want to put it in a forum where we can’t discuss it. It needs to be discussed that
people realize people’s finances are being put out. Letters are being sent out to people
anonymously as if somebody did something wrong and I’m ready to at least discuss this stuff and
I think we ought to be men and women enough to discuss these issues around this Probation
Service. I’m not covering this up anymore; it’s time for us to address this issue. This ain’t the
first or second or third time, call it the fourth time being on one of these committees that we have
not talked about it we put it aside as if we don’t know what’s going on.
Mr. Mayor: Yeah ---
Mr. M. Williams: So, I’m sorry but it’s time to follow the rules. If the rule is right it’s
right and if it’s wrong, it’s wrong.
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Mr. Mayor: --- okay. All right, the Chair recognizes the Commissioner from the 8.
Mr. Guilfoyle: Blow my mind I was actually going, let’s get this voted so I can ask for a
Point of Privilege because ---
Mr. Mayor: I’m recognizing you for it now.
Mr. Guilfoyle: --- my (unintelligible) is still here, Mr. Mayor. I was just asking for my
colleagues.
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Mr. Mayor: Okay, all right the Commissioner from the 9 is certainly well within his right.
We’re all very concerned about this important matter. As we know there’s an ongoing discussion
as of this morning there was legislation that was being filed. We know that there’s conflict in
current state statute. There was legislation being filed in the Senate with the Senate Judiciary
Chairman. That issue is being resolved from a state statute standpoint. There is some local things
that need to happen. I think that it is important to have both of those working in tandem. The
Judge, Chief Judge of record who is presiding over the Probation Office has been out and will not
be back in the office until Thursday because of personal matters. And I think it’s certainly
important for us to at least be respectful of that and at the appropriate time we bring everybody
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together to discuss that. So, I don’t think Commissioner from the 9 that there’s a move afoot to
try to skirt the issue but rather have all of those things working as they should be together and
collectively which is why it’s prudent for us to just move this back to committee and then at the
appropriate time we’ll bring it back out.
Mr. M. Williams: Can I respond, Mr. Mayor?
Mr. Mayor: You can.
Mr. Mayor: Thank you, sir. I understand and I appreciate it. I understand about personal
issues with anybody but there’s other personal issues where people have lost their job, lost their
57
income, name has been detrimented as far as position and stuff like that. This Probation Service,
it all circles around being P.O.S.T. Certified. And we found out that only 20 in the State of Georgia
27, 26 counties are not P.O.S.T. Certified but only six of them are. But we have people who have
done put their “lives” on hold to come in and work in this community and then been laid off or
been terminated because they couldn’t pass the P.O.S.T. Certification which supposed to be an
80%, 86% failure rate but then we want to wait. And I think it’s too important for us to not even
discuss it, not even talk about it, to know what has happened to the extent that some people have
been given letters that say that they don’t have to be P.O.S.T. certified but some does. Now that’s
not right by no stretch of the imagination. If it’s going to be that then everybody ought to be to
that same magnitude or not but we want to say, well, we’ll talk about it later. What about those
people whose lives are on hold right now who are not getting paid, who are not being treated fairly?
Mr. Mayor: All right, so, Commissioner, I share your concern. I think every member of
this body shares your concern. And you were a part of this body in establishing the Probation
Office when we again adopted the order you supported that effort and right now we’re not in a
posture to be able to take action to change that. Even if we were prepared to do that, we want to
make sure we get it right when we do it. And so we can talk about all of these issues again as we
are doing now but it’s much more prudent and meaningful for us to do it when we’ve got everybody
at the table so that we can affect that level of change at that time. And so what I would ask is that
we again give the Judge an opportunity to come back into the office. We’ll have the legislation
from the state working and then here on next week when have the Judge in office. I don’t anticipate
it’ll happen on Thursday because he’ll just be coming back into office.
Mr. M. Williams: (unintelligible) Chief Judge who is the Chief Judge over Probation and
runs the office so I guess we can’t discuss anything because of that, is that what you’re saying?
I’m trying to get it clear.
Mr. Mayor: No, I didn’t state that.
Mr. M. Williams: I want to get it clear because him being absent is one thing but the other
part is the Administrator and the Department Director. Somebody else should be here to answer
some questions to share with us.
Mr. Mayor: Well, I’m going to be frank with you. As you said you know we need to talk
about a lot of things and while I agree with that. I’m beyond talking. I’m in a doing phase and
when the Judge comes back we’re going to do something. We’re in the business of doing stuff
and getting stuff done. We done talked long enough. We know what needs to be done and next
week we’ll just get it done. That’s where I’d like for us to be. We’ve got a motion and a second
to refer these back to committee. Voting.
Mr. Hasan: Mr. Mayor, Point of Personal Privilege. Ms. Bonner, I need to change my
vote here.
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Mr. Mayor: Okay the Chair recognizes the Commissioner from the 8 for a Point of
Personal Privilege.
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Mr. Guilfoyle: Mr. Mayor, I was asking one of my two of my colleagues Commissioner
Fennoy which is District 1 representative Commissioner and Marion Williams which is over the
Super 9 if they have an appointment that’s open and available would you be kind enough to appoint
Michael Thurman to it please. Thank you, Mr. Fennoy.
Mr. Hasan: Point of Personal Privilege.
Mr. Mayor: Okay, I’ve got you I’m with you. All right the Commissioner has, he has been
heard.
Mr. Guilfoyle: (Inaudible).
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Mr. Mayor: Okay, the Chair recognizes the Commissioner from the 6.
Mr. Hasan: Mr. Mayor, thank you, thank you very much. Mr. Mayor, a Point of Personal
Privilege around the issue that everything Commissioner Williams said and believe it or not
everything you said I agree with both of ya’ll simultaneously. But my real concern, Mr. Mayor, I
would hope that you would have a conversation that some of the actions in terms of employment
you know kind of you know cease and desist until we can have that conversation because they’ll
move a foot but still things are happening while we’re sitting waiting for all those things to clear
themselves. I definitely realize there’s some crisis going on in the family but at the same time that
has not impeded some of the actions that’s internally and that’s what give us heartburn, it gives
me heartburn for sure and that’s an issue I hope you get the opportunity to address. And that’s
why I said I agree with both of you all in terms of giving these things some attention but that’s my
concern, thank you, Mr. Mayor.
Mr. Mayor: Thank you. All right.
Mr. Hasan and Mr. M. Williams vote No.
Mr. Sias out.
Motion Passes 8-2.
Mr. Mayor: All right, 49.
The Clerk:
ENGINEERING SERVICES
49. Motion to approve 1) Engineering and Bill Beazley Home provide a timeline for
Streetlights in the Haynes Station Subdivision as discussed at Commission Committee on 14
February 2017. 2) Engineering and Bill Beazley Homes provide a timeline for Streetlights in
the Manchester Subdivision as discussed at Commission Committee on 14 February 2017 3)
Engineering and Bill Beazley Homes provide an update on the South Hampton residents
petition and the timeline for Streetlights as discussed 2017. (Requested by Commissioner
Sammie Sias)
Mr. Fennoy: Motion to approve.
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Mr. G. Smith: Second.
Mr. Mayor: We have a motion and a second to approve. Voting.
Ms. Davis, Mr. Sias and Mr. Hasan out.
Motion Passes 7-0.
Mr. Hasan: Forty-three, Mr. Mayor.
Mr. Mayor: Commissioner, you waived, you waived on that.
Mr. Hasan: No, I didn’t waive on it.
Mr. Mayor: You did.
Mr. Hasan: You told me to wait and you’d come back to it.
Mr. Mayor: No, you waived on that one.
Mr. Hasan: I didn’t waive on it, Mr. Mayor.
Mr. Mayor: Did I hear something different?
Mr. Hasan: No, sir, no I didn’t you told me to wait and you’d come back to it.
Mr. Guilfoyle: He withdrew it. Now he’s bringing it back.
Mr. Mayor: That’s what I’m saying ---
Mr. Hasan: What did I say?
Mr. Mayor: --- you withdrew it.
Mr. Guilfoyle: But now he’s bringing it back.
Mr. Hasan: Grady, I’ve got a man who’ll make an appointment for me.
th
Mr. Mayor: Well, that’s what the Commissioner from the 8 just said. Commissioner,
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you withdrew it but for that very reason you didn’t have the 6 ---
Mr. Hasan: I’m putting it back on, Mr. Mayor.
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Mr. Mayor: --- (unintelligible) the 7.
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Mr. Hasan: It’s back on there, Mr. Mayor. We ain’t too late, we’re still in session, before
we lose the quorum. We’ve got enough right here. The young lady there’s a young lady, Mr.
Mayor, that’s reaching out and wants to get involved.
Mr. Mayor: All right, I understand that, I do, I do. Again I’m inclined to adjourn this
th’
meeting and we address the Commissioner from the 8s issue and yours at the same time. I think
that’s the best way for us to handle that.
th
Mr. Hasan: No, sir, Mr. Mayor, because the Commissioner from the 8 just made his last
plea to say if anybody from one and nine appoint that person. And so with that so my last plea is
you’re ready to make this. He got his last appeal. Give me a final appeal.
Mr. Mayor: This meeting is adjourned.
Mr. Hasan: Mr. Mayor, you done stalled them. Mr. Jefferson, what do you have to say
about it? We’re out now, Mr. Mayor, you ain’t got a quorum now. They’re gone.
\[MEETING ADJOURNED\]
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
February 21, 2017.
______________________________
Clerk of Commission
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