HomeMy WebLinkAboutCalled Commission Meeting November 21, 2017
CALLED MEETING COMMISSION CHAMBER
November 21, 2017
Augusta Richmond County Commission convened at 6:00 p.m., Tuesday, November 21,
2017, the Honorable Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantom, M. Williams, Davis, D. Williams,
Hasan and Smith, members of Augusta Richmond County Commission.
ABSENT: Hon. Fennoy (participating by telephone), member of Augusta Richmond
County Commission.
Mr. Mayor: We’re going to suspend the commission meeting and then we’re going to go
into a special called meeting. The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: Sure, I think it would be appropriate to call to order the special called
meeting and we have a proposed motion as well.
Mr. Mayor: All right. We’ll call to order the special called meeting.
Mr. MacKenzie: And I’ll also suggest that you give an opportunity for the landowner to
speak if they would like to. The proposed motion would be a motion to consider and approve
the exercise of the power of eminent domain to condemn real property located at 2649
Gordon Highway, Augusta, Georgia, Map and Parcel ID# 066-0-053-000, Map and Parcel
0660-053-00-0 for public use purpose and benefit necessary for construction of the fire
station and authorize the execution of a resolution approving same.
Mr. Mayor: Madam Clerk, do you need to add anything?
The Clerk: No, sir.
Mr. Mayor: All right. Who do you want to call first, Attorney MacKenzie?
Mr. MacKenzie: I would suggest that you give the landowner an opportunity to speak
about this.
Mr. Mayor: All right. The Chair recognizes the landowner and representative. If you’ll
approach at this time. And if you will communicate who you are for the record.
Mr. Keogh: Thank you. My name is Bill Keogh. I’m an attorney, 801 Broad Street in
Augusta. First of all, I want to thank each of you for listening and for everyone here, Happy
Thanksgiving. I represent the family which owns the property in question. These are the folks
that own this property. It is on Gordon Highway that backs up to Powell Road. It is close to where
the new gate is going to be coming into the Fort. Our folks are not opposed to a fire station in any
way, shape or form. We think that there are cheaper ways for ya’ll to obtain it at the price that
you’re asking. This piece of property is uniquely situated with road access in the front and back.
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It’s a square piece of property with good topography, a little over 2.2 acres. We think that there
are a number of properties in the neighborhood that would equally suit the requirements for a fire
house and much cheaper for the county. And so what we would ask instead of having a
condemnation at this point, I’m going to do something unusual, I’m not asking for ya’ll’s money,
I’m asking for exactly the opposite which is that ya’ll determine another place to locate this fire
house. If we do, if there is a condemnation, we have talked to the attorney about values. I know
today is not the day we’re going to discuss values. That’s my understanding although I’m here to
answer any questions that ya’ll might have, but again I just want to make sure everyone
understands that we are not opposed to a fire station. We just believe that there are better properties
for it that you can get for the dollars that you want. Thank you.
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Mr. Mayor: Thank you, Bill. The Chair recognizes the commissioner from the 8 for a
question.
Mr. Guilfoyle: Yes, sir. Mr. Mayor, I’d like to ask you a question before I ask the attorney,
Mr. Keogh, a question. What is the process because in seven years I’ve never had to do this. So
tell me what the process is?
Mr. Mayor: All right, I’m going to defer to the attorney. We have talked about this issue
multiple times in executive session. As such now we are here for a public hearing about it. The
Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: Sure. In a nutshell because of the type of condemnation that this is, it
requires that the, I guess the initiation of the condemnation proceedings occur after 6:00 p.m. which
is why we’ve called this special called meeting at this time, then there is a 30-day period of time
where no actions will be filed in a court, it is like a (inaudible) then after that the city could initiate
a condemnation proceeding so these are some preliminary requirements. Obviously the parties
have been in negotiation and those can continue throughout the process and even after the
condemnation proceeding is filed. That’s what makes this one a little different than some of the
other ones where there is a road project involved the procedure is a little more expedited which is
what you’re usually more familiar with.
Mr. Guilfoyle: Mr. Mayor, I’ve never laid eyes on this property owner but we do have
something in common is the same real estate agent. I had spoken with my real estate agent and he
was telling me about this property that they were already in negotiations selling it to a convenience
store. I think he threw the number of 290 out and when the city decided to take the land, basically
he ended up losing this contract, all negotiations to be done with this contract so, you know, I deal
with property from time to time. I invest in it, hopefully get a good return. This is I guess no
different than what this gentleman here does. So we need to take this into consideration because
I don’t know, I know that we as a body offered an “x” amount behind closed doors because it’s a
land acquisition but we need to look at to see where we can actually be at because, you know,
appraised value versus if it’s somebody from in-house of our county that does appraisal versus per
se somebody like Bill Hollingsworth that could actually foresee,, am I talking wrong? Okay, thank
you. But anyway, if we had a different appraiser, outside appraiser that actually could read the
times because right there in Harlem the market is absolutely skyrocketing if you actually had
property there. Thank you.
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Mr. Mayor: Are there any questions? The Chair recognizes the commissioner from the
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9.
Mr. M. Williams: I heard the attorney state there was a better piece of property. Can
someone address that issue? Is there a better piece of property? Is there something, then someone
needs to say there is not a better piece. That’s the reason we’re approaching this because the
property is needed versus somewhere else.
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: I think he’s expressed an opinion that he thinks there’s a better location
but obviously that’s something that the Commission can discuss as part of our regular executive
session meeting if you’d like to consider a location but I think we’ve already been through a lot
on that issue and if it needs to be discussed further, that can be done next week during the regularly
scheduled legal meeting.
Mr. M. Williams: I just thought if there was a reason or a better piece of property that
could be beneficial and we wouldn’t have to go through this process but if that’s the piece of
property and there is not a better piece then I think we need to pursue what we’re doing.
Mr. Mayor: All right. Are there any other questions? All right, the Chair recognizes the
Fire Chief. Fire Chief, if you’ll approach.
Chief James: Thank you very much. Mr. Mayor and Commission, I will say that we have
been looking at this particular piece of property for over two years. We first brought it to
Commission about two years or so ago. For some of the same reasons that you heard that attorney
just mention, this is an outstanding location for a fire station based on the line from Harlem in,
based on the neighborhood. It goes both east and west on Gordon Highway and back on Powell
Road to get to the Belair subdivision and those large homes that are back there. The reason this
location was chosen is because the Willhaven and those other neighborhoods where the insurance
rate were triple because they did not have a fire station within five miles of their homes so that’s
why we chose that particular location. It was a perfect sitting piece of property for what we need
as a fire station as far as access to the different homes like I said back on Powell Road. You can
go down Gordon Highway back toward Barton Village as you’re going into the city and you can
turn right going out Gordon Highway to get to those new subdivisions that are going toward
Columbia County, Grovetown and Harlem. That’s where we have a lot of growth at and the closest
fire station that I have anywhere is on Flowing Wells Road which is, would definitely increase our
response time so as we have looked, we have not seen a better piece of property for the Fire
Department to put a fire station.
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Mr. Mayor: All right. Commissioner from the 9, are you satisfied?
Mr. M. Williams: Yes.
Mr. Mayor: All right, very good. Attorney MacKenzie, what’s our direction?
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Mr. MacKenzie: To make a motion to approve would be appropriate. It would to approve
a motion to consider and approve the exercise of eminent domain powers to condemn the real
property located at 2649 Gordon Highway. The entire motion would be a motion to consider and
approve the exercise the power of eminent domain to condemn real property located at 2649
Gordon Highway, Augusta, Georgia, Map and Parcel ID# 066-0-053-00-0, Map and Parcel 066-
0-053-00-0 for public use, purpose and benefit necessary for construction of a fire station and to
authorize the execution of a resolution approving same.
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Mr. Mayor: The Chair recognizes the commissioner from the 5.
Mr. Jefferson: Thank you, Mr. Mayor. You say this has been going on for approximately
two years? Am I correct?
Mr. Mayor: I believe the gentleman knows of what he speaks.
Mr. Jefferson: Okay, well, in that time were offers and counteroffers made for the piece
of property? I’m asking because you know I just want to bring myself up to speed on this situation.
Mr. Mayor: Attorney MacKenzie.
Mr. MacKenzie: Yes.
Mr. Jefferson: Okay. Did we come to some type of term or is that the reason we’re here
today because we couldn’t agree on a selling price, buying price?
Mr. MacKenzie: Yes but I will also emphasize that this is just the beginning of the process.
The parties are still in negotiation and a determination of value by agreement can still be reached
even after this step is completed.
Mr. Jefferson: Okay, so our action today won’t be doing anything but agreeing to start the
process but –
Mr. MacKenzie: Well, you’ll be agreeing to start the process to condemn it so that if the
parties do not reach an agreement then a court will decide what the value will be.
Mr. Hasan: Motion to approve.
Mr. Smith: Second.
Mr. Mayor: I’ve got a motion and a proper second. All those in favor will vote yea and
those opposed vote no. Voting.
Mr. Jefferson, Mr. Frantom and Mr. Guilfoyle vote No.
Motion carries 7-3.
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Mr. Mayor: Okay. Any additional business in this special called meeting?
Mr. MacKenzie: That’s all we have for that.
Mr. Mayor: Okay. The special called meeting is hereby adjourned.
\[MEETING ADJOURNED\]
Lena J. 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 Called Meeting of the Augusta Richmond County Commission held on
November 21, 2017.
________________________
Clerk of Commission
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