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Home My WebLink About2006-03-21-Meeting Agenda Commission Meeting Agenda Commission Chamber 3/21/2006 2:00 PM INVOCATION: Bishop Rosa L. Williams, Pastor Ever Faithful Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. PRESENTATION(S) A. Misters Nelson Curry and Samuel Bussey. RE: Funding for the James Brown Statue Base. Attachments RECOGNITION(S) Employee of the Month Award B. Mr. Gregory Wells, Maintenance Division for Public Services. February Employee of the Month Attachments CONSENT AGENDA (Items 1-40) PLANNING 1. FINAL PLAT – RIVER PARK COMMONS (KNA CLAUSSEN ESTATES TOWNHOMES – S-686 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Brian Besson & Associates, on behalf of G. B. Sharma, requesting final plat approval for River Park Commons. This residential townhome development is located on Claussen Road and contains 56 lots. Attachments 2. FINAL PLAT – LONGPOINT TOWNHOMES – S-728 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Star Survey, Inc., on behalf of ATC Development Company, requesting final plat approval for Longpoint Townhomes. This residential townhome development is located on Old Waynesboro Road and contains 26 lots. Attachments 3. Z-06-15 - A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE with the following conditions 1) The property will be allowed to have two access points on Riverwatch Parkway, subject to GA DOT permitting. One such access point will allow for full access into and out of the site, to be accommodated by a new median break on Riverwatch Parkway which will be signalized if warranted. The second such access point will allow only right turns into the property and only right turns out of the property with no median break. Driveway cuts that are currently provided for may be relocated per approval of GA DOT. All improvements to the private and public properties that are needed as a result of this project shall be provided by the developer. If the signalization is not installed as part of the site development, funds will be escrowed or bonded for installation if it is warranted within 5 years. 2) All sides and backs of buildings that are visible from Riverwatch Parkway and/or Furys Ferry Road shall be designed so that they reasonable conform to the fronts of said buildings. Building materials shall be aesthetically complimentary on all sides of such buildings. Service entrances, outside entrances and dumpsters shall be screened from direct view from Furys Ferry Road and Riverwatch Parkway; 3) The applicant shall provide the property owner directly to the west of the subject property vehicular access across the applicant’s site from an access point along the common property line to the driveway cut at the proposed median break which must substantially conform to the final concept plan submitted with this petition (dated 3-1-06), subject to GA DOT’s approval of such median break; a petition by Cousins Properties Incorporated, on behalf of Amilee G. Johnson, as Trustee of the Julian & Ruth Adams Marital Dedication Trust and Residuary Trust, requesting a modification of the conditions that were placed on a 1995 rezoning case for B-2 (General Business) zoning of approximately 7.5 acres of 24 acres involved in (Z-95-26) located on the northwest right- of-way line of River Watch Parkway, 600 feet, more or less, Attachments southwest of Furys Ferry Road. (Tax Map 11 Parcel 3) DISTRICT 7 4. Z-06-18 - A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Brenda Lee Nations, on behalf of Fay McNair, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance affecting property known under the present numbering system as 2017 Division Street and containing .72 acres. (Tax map 27-4 Parcel 2) DISTRICT 1 Attachments 5. Z-06-20 - A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Inez Barnes and Clarence Parker requesting a change of zoning from Zone A (Agriculture) to Zone P-1 (Professional) with a Special Exception to allow residential use per Section 20-2 (b) of the Comprehensive Zoning Ordinance affecting property known under the present numbering system as 3624 Peach Orchard Road and containing approximately 1 acre. (Tax Map 155 Parcel 56) DISTRICT 6 Attachments 6. Z-06-21 - A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE with the following conditions 1) that a site plan done by a certified engineer be presented showing a parking and traffic flow plan and 2) no Certificate of Occupancy be issued until such improvements are completed; a petition by United Life of Christian Learning Academy, on behalf of Ben Bynum, requesting to waive the use restriction resulting from the B-1 (Neighborhood Business) zoning per Z-92-76 of the Augusta-Richmond County Zoning Ordinance affecting property known under the present numbering system as 1604 North Leg Road and containing .34 acres. (Tax Map 42-3 Parcel 7) DISTRICT 3 Attachments 7. Z-06-22 - A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Horstas Uzpurvis, on behalf of Toxey Smith and Horstas Uzpurvis, Attachments requesting a change of zoning from Zone LI (Light Industry) to Zone R-1D (One-family Residential) affecting property known under the present numbering system as 512 Walker Street and containing .23 acres. (Tax Map 47-3 Parcel 48) DISTRICT 1 8. Z-06-24 - A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by ATC Development Corp., on behalf of Benjamin S. Davis requesting a change of zoning from Zone A (Agriculture) to Zone R-1E (One- family Residential) affecting property located approximately 170 feet, more or less, northeast of Maddox Drive and also being 1,300 feet, more or less, north of Wrightsboro Road and containing 2.89 acres. (Part of Tax map 40 Parcel 29) DISTRICT 3 Attachments 9. Z-06-26 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Ben R. Harrison, on behalf of John Gibbs, III, requesting a change of zoning from Zone B-1 (Neighborhood Business) and Zone LI (Light Industry) to Zone B-2 (General Business) affecting property known under the present numbering system as 101 Sand Bar Ferry Road and containing approximately 1.5 acres. (Tax Map 48-3 Parcel 73.03 and part of Parcel 73.04) DISTRICT 1 Attachments 10. FINAL PLAT – LONGPOINT TOWNHOMES – S-728 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Star Survey, Inc., on behalf of ATC Development Company, requesting final plat approval for Longpoint Townhomes. This residential townhome development is located on Old Waynesboro Road and contains 26 lots. Attachments ADMINISTRATIVE SERVICES 11. Motion to approve the Façade Rehabilitation Grant Application for 516 Broad Street. The applicant will match Façade funds with interior improvements. (Approved by Administrative Services Committee March 13, 2006) Attachments 12. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the South Richmond Neighborhood: 4088 Ruffin Road, (District 8, Super District 10); South Augusta Neighborhood: 2131 Sibley Road, (District 5, Super District 9); Academy Baker Neighborhood: 1405 Merry Street, (District 1, Super District 9); West End Neighborhood: 1976 Ellis Street, 2050 Greene Street, (District 1, Super District 9); Meadowbrook Neighborhood: 2510 Gerbing Road, (District 4, Super District 9); AND WAIVE 2ND READING. (Approved by Administrative Services Committee March 13, 2006) Attachments 13. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Bethlehem Neighborhood: 1616 Mill Street, 1115 Mercier Street, 1126 Maxwell Street, 1129 Maxwell Street, 1425 James Brown Boulevard, (District 2, Super District 9); East Augusta Neighborhood: 116 Pollard Street, (District 1, Super District 9), East Augusta Neighborhood, (Hyde Park): 2025 Willow Street, 2033 Willow Street, 2006 Walnut Street, 2022 Walnut Street, 2039 Walnut Street, (District 2, Super District 9); South Augusta Neighborhood: 1109 Ninth Avenue, (District 2, Super District 9); Turpin Hill Neighborhood: 1604 Linden Street, (District 2, Super District 9); Laney-Walker Neighborhood: 1126 Tenth Street, (District 1, Super District 9); AND WAIVE 2ND READING. (Approved by Administrative Services Committee March 13, 2006 Attachments 14. Motion to approve providing preferences to local businesses doing business with their local government. (Approved by Administrative Services Committee March 13, 2006) Attachments 15. Motion to approve "Mothball" Ordinance which sets standards for temporary securing and storage of structures prior to rehabilitation. (Approved by Administrative Services Committee March 13, 2006) Attachments 16. Motion to approve Adoption of Updated Anti-Attachments DisplacementRelocation Policy to Include Optional Relocation Assistance to Homeowners Receiving Rehabilitation Assistance. (Approved by Administrative Services Committee March 13, 2006) FINANCE 17. Motion to approve renewal of Public Official Liability coverage with current carrier, Landmark American Insurance, for a premium of $86,523. (Approved by Finance Committee March 13, 2006) Attachments 18. Motion to approve the replacement of 1 crime scene van with 1 crime scene truck for the Sheriff’s Office-Criminal Investigation Division Bobby Jones Ford of Augusta, Georgia for $23,134.00 (Lowest Bid offer for bid 05-135). (Approved by Finance Committee March 13, 2006) Attachments 19. Motion to approve a request from Kids Restart, Inc. regarding city sponsorship through the purchase of tickets in accordance with city policy for the Second Annual "Drive for Kids" Golf Tournament. (Approved by Finance Committee March 13, 2006) Attachments 20. Motion to approve the request from Public Services Department- Maintenance Division to replace a current 36-month lease of two motor graders with a new 48-month lease from Yancey Brothers Caterpillar, Inc of Augusta, Georgia for $1,545.48 each per month (Lowest Bid offer for bid 06-108). (Approved by Finance Committee March 13, 2006) Attachments 21. Motioin to approve the replacement of 24 public safety patrol vehicles and 2 public safety transport sedans for Civil/Fugitive Division of the Richmond County Sheriff's Office. (Approved by Finance Committee March 13, 2006) Attachments 22. Motion to approve a request from The Way Out, Inc. for city sponsorship through the purchase of tickets in accordance with city policy for the Timothy Boyd Miller Concert. (Approved by Finance Committee March 13, 2006) Attachments ENGINEERING SERVICES 23. Motion to approve setting the date and time for the Public Hearing on abandonment of Timms Lane. (Approved by Engineering Services Committee March 13, 2006) Attachments 24. Motion to approve an Option for Right-of-Way between Carolyn C. Baggott, Jean C. Beall and Mary C. Havron as owners, and Augusta, Georgia, as optionee, for the acquisition of 0.17 acres in connection with the St. Sebastian Way Project. (Approved by Engineering Services Committee March 13, 2006) Attachments 25. Motion to approve an Option for Right-of-Way between Carolyn C. Baggott, Jean C. Beall and Mary C. Havron as owners, and Augusta, Georgia, as optionee, in connection with the St. Sebastian Way Project. (Approved by Engineering Services Committee March 13, 2006) Attachments 26. Motion to approvel and accepte two (2) Encroachment Agreements with Atlanta Gas Light Company for the Spirit Creek Force Main project. (Approved by Engineering Services Committee March 13, 2006) Attachments 27. Motion to approve award of construction contract in the amount of $4,135,310.00 to Chandler Construction for the Belair Hills Sanitary Sewer Collection System. Bid item #06-097. (Approved by Engineering Services Committee March 13, 2006) Attachments 28. Motion to approve award of construction contract in the amount of $1,499,806.20 to Eagle Utility for the Upper Butler Sewer Attachments Extension Project. Bid Item: #06-095 (Approved by Engineering Services Committee March 13, 2006) 29. Motion to approve and accept the Comcast Lease Agreement with the deletion of section 10. (Approved by Engineering Services Committee March 13, 2006) Attachments 30. Motion to authorize condemnation of a portion of Property #140- 0-758-00-0 4342 Creekview Dr, which is owned by Anthony Dennis for 375 sq. ft. of temporary easement area. Public Works Project: Pinnacle Place Subdivision Erosion & Drainage Improvement Project. (Approved by Engineering Services Commitee March 13, 2006) Attachments 31. Motion to authorize condemnation of a portion of Property #012- 0-018-01-0 2901 Washington Rd, which is owned by SunTrust Bank Augusta N.A. for 1,400.46 sq. ft. of right-of-way and 3,286.47 sq. ft. of temporary easement area. Public Works Project: Washington Road Intersection Improvements Project. (Approved by Engineering Services Committee March 13, 2006) Attachments 32. Motion to approve and accept an exchange of easements with Gregory and Judith Harshfield on Ashland Drive. (Approved by Engineering Services Committee March 13, 2006) Attachments 33. Motion to approve change order number one to contract for Bid Item 01-145 in an amount not to exceed $23,000 ($5,750 per semi- annual event) for four semi-annual groundwater assessments at the new phase III cell, as required by EPD. (Approved by Engineering Services Committee March 13, 2006) Attachments 34. Motion to approve and accept the attached Easement Deed from Norfolk Southern. (Approved by Engineering Services Committee March 13, 2006) Attachments 35. Motion to approve proposed Ordinance amending Augusta Code Section 5-2-8 to repeal prohibition on resale or redistribution of water. (Approved by Commission March 7, 2006 - second reading) Attachments PETITIONS AND COMMUNICATIONS 36. Motion to approve the minutes of the regular meeting of the Commission held March 7, 2006 and Special Called meeting held March 13, 2006. Attachments APPOINTMENT(S) 37. Motion to approve the following appointments representing District 9: Paulette Curry- Tree Commission, Rodriques A. Johnson, Public Facilities, Tom Givens- Riverfront Development, J.R. Riles- Personnel Board, Shelia Paulk- Zoning Appeals, Margaret Armstrong- Planning Commission, Bernard Silverstein- Augusta Aviation, Terrance Dicks- Human Relations, Annie Rogers- Historic Preservation, Betty Tylers- Daniel Field, Barbara Gordon-Housing & Economic Development and Charlie Hannah, Citizen Advisory Council. Attachments 38. Motion to approve the following appointments representing District 7:Jim Jatho - Augusta Aviation Commission, Randy Hall - Public Facilities. Attachments ATTORNEY 39. Motion to approve an Ordinance to amend the Code of Augusta- Richmond County by adopting a new section to be known as Article 6, Chapter 2, Section 64(d)(1), et seq..; to define special alcohol license distance requirements with reference to structures not originally built as a place of worship and located in the Downtown Business District; to define the Downtown Business District for purposes of the special alcohol license distance requirements, to provide for exceptions to this Ordinance for such structures in use as of the effective date of this Ordinance; and to Attachments repeal all Ordinances and parts of Ordinances in conflect herewith. (Approved by the Commission March 7, 2006 - second reading) 40. Motion to approve an Ordinance to amend the Code of Augusta- Richmond County by adopting a new section therein, to be known as Article 3, Chapter 9, Section 1, et seq.; so as to define the offense of “Aggressive Panhandling” and to provide a penalty for the violation of said Ordinance and to repeal all Ordinances and parts of Ordinances in conflict herewith. (Approved by Commisison March 7, 2006 - second reading) Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 3/21/2006 AUGUSTA COMMISSION REGULAR AGENDA 3/21/2006 (Items 41-55) PLANNING 41. Z-06-19 - A request for concurrence with the Augusta-Richmond County Planning Commission to DENY a petition by Southern Specialty Inc. requesting a change of zoning from Zones R-1A (One-family Residential) and R-MH (Manufactured Home Residential) to Zone R-1A (One-family Residential) with a Special Exception to allow greater flexibility for a proposed detached single family residential subdivision not to exceed 4 units per acres in density per Section 9-2 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property located 2,553 feet, more or less, west of the southwest corner of the intersection of Windsor Spring Road and Spirit Creek Road and containing approximately 95 acres. (Part of Tax Map 153 Parcel 72) DISTRICT 4 Attachments 42. Z-06-23 - A request for concurrence with the Augusta-Richmond County Planning Commission to DENY a petition by Rosario S. Chacon, on behalf of Phil-Am Development Inc,, requesting a change of zoning from Zone R-3B (Multiple-family Residential) to Zone P-1 (Professional) of the Augusta-Richmond County Zoning Ordinance affecting property known under the present numbering system as 1026 Bertram Road and containing approximately .45 acres. (Tax map 12 Parcel 41) DISTRICT 7 Attachments PUBLIC SERVICES 43. New Ownership Application:A. N. 06 - 13: A request by Tsegai T.Wasse for a retail package Liquor, Beer & Wine license to be used in connection with Lion Package located at 2102 Martin Luther King Blvd. District 2. Super District 9. Attachments 44. New Application: A. N. 06 - 14: A request by Steve Okawa for a retail package Beer & Wine license to be used in connection with Five Star Express, Inc. located at 724 Laney Walker Blvd. District 1. Super District 9. Attachments 45. New Ownership Application: A. N. 06 - 15: A request by Linda B. Jones for an on premise consumption Liquor, Beer & Wine license to be used in connection with Push Restaurant & Lounge located at 1924 Gordon Hwy. There will be Dance. District 5. Super District 9. Attachments 46. New Ownership Application: A. N. 06 - 16: A request by Kyong Sun Pak for a retail package Beer & Wine License to be used in connection with K's Mart located at 2301 Lumpkin Rd. District 6. Super District 10. Attachments 47. Discussion: A request by Brigette N. Haram for a Therapeutic Massage License to be used in connection with Hand Over Stress located at 104 Warren Rd. District 7. Super District 10. Attachments 48. Discussion: A request by Jan Scholer for a One Day Special Event License (Beer) to be used in connection with Wild Wing Cafe (in the parking lot) located at 3035 Washington Rd. District 7. Super District 10. Attachments 49. Discussion: A request by Thomas D. Thompson for a Special Event License (Alcohol) for April 3rd thru 8th 2006 (Masters Week) to be used in connection with the Comfort Inn located at 629 Frontage Rd. District 7. Super District 10. Attachments 50. Discussion: A request by Jonathan Vick for a Special Event License (Beer) for April 5, 2006 to be used in connection with National Hill Bar & Grill (in the parking lot) located at 2701 Washington Rd. District 7. Super District 10. Attachments 51. Request the execution of the attached 'Release and Assignment' form pertaining to the forfeiture of the Surety Bond for Christian Home Improvement, claim # 00185073. Attachments ADMINISTRATIVE SERVICES 52. Consider a request to adopt the Augusta Seminoles as the City's Official Sports Team. (No recommendation from the Administrative Services Committee March 7, 2006) Attachments OTHER BUSINESS 53. Discuss the Letter of Reprimand for the Administrator. (Requested by Mayor Pro Tem Marion Williams) Attachments 54. Consider action taken by legislative members regrding elected officials pay raises. (Deferred from the March 7, 2006 Commission meeting) Attachments LEGAL MEETING Upcoming Meetings www.augustaga.gov A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 55. Motion to approve authorization for the mayor to execute affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 3/21/2006 2:00 PM Invocation Department: Caption:Bishop Rosa L. Williams, Pastor Ever Faithful Baptist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM James Brown Festival Department: Caption:Misters Nelson Curry and Samuel Bussey. RE: Funding for the James Brown Statue Base. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Employee of the Month Award Department: Caption:Mr. Gregory Wells, Maintenance Division for Public Services. February Employee of the Month Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Planning Commission Department:Planning Commission Caption:FINAL PLAT – RIVER PARK COMMONS (KNA CLAUSSEN ESTATES TOWNHOMES – S-686 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Brian Besson & Associates, on behalf of G. B. Sharma, requesting final plat approval for River Park Commons. This residential townhome development is located on Claussen Road and contains 56 lots. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Planning Commission Department:Planning Commission Caption:FINAL PLAT – LONGPOINT TOWNHOMES – S-728 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Star Survey, Inc., on behalf of ATC Development Company, requesting final plat approval for Longpoint Townhomes. This residential townhome development is located on Old Waynesboro Road and contains 26 lots. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Planning Commission Department:Planning Commission Caption:Z-06-15 - A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE with the following conditions 1) The property will be allowed to have two access points on Riverwatch Parkway, subject to GA DOT permitting. One such access point will allow for full access into and out of the site, to be accommodated by a new median break on Riverwatch Parkway which will be signalized if warranted. The second such access point will allow only right turns into the property and only right turns out of the property with no median break. Driveway cuts that are currently provided for may be relocated per approval of GA DOT. All improvements to the private and public properties that are needed as a result of this project shall be provided by the developer. If the signalization is not installed as part of the site development, funds will be escrowed or bonded for installation if it is warranted within 5 years. 2) All sides and backs of buildings that are visible from Riverwatch Parkway and/or Furys Ferry Road shall be designed so that they reasonable conform to the fronts of said buildings. Building materials shall be aesthetically complimentary on all sides of such buildings. Service entrances, outside entrances and dumpsters shall be screened from direct view from Furys Ferry Road and Riverwatch Parkway; 3) The applicant shall provide the property owner directly to the west of the subject property vehicular access across the applicant’s site from an access point along the common property line to the driveway cut at the proposed median break which must substantially conform to the final concept plan submitted with this petition (dated 3-1-06), subject to GA DOT’s approval of such median break; a petition by Cousins Properties Incorporated, on behalf of Amilee G. Johnson, as Trustee of the Julian & Ruth Adams Marital Dedication Trust and Residuary Trust, requesting a modification of the conditions that were placed on a 1995 rezoning case for B-2 (General Business) zoning of approximately 7.5 acres of 24 acres involved in (Z-95-26) located on the northwest right-of-way line of River Watch Parkway, 600 feet, more or less, southwest of Furys Ferry Road. (Tax Map 11 Parcel 3) DISTRICT 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Planning Commission Department:Planning Commission Caption:Z-06-18 - A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE a petition by Brenda Lee Nations, on behalf of Fay McNair, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance affecting property known under the present numbering system as 2017 Division Street and containing .72 acres. (Tax map 27-4 Parcel 2) DISTRICT 1 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Planning Commission Department:Planning Commission Caption:Z-06-20 - A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE a petition by Inez Barnes and Clarence Parker requesting a change of zoning from Zone A (Agriculture) to Zone P-1 (Professional) with a Special Exception to allow residential use per Section 20-2 (b) of the Comprehensive Zoning Ordinance affecting property known under the present numbering system as 3624 Peach Orchard Road and containing approximately 1 acre. (Tax Map 155 Parcel 56) DISTRICT 6 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Planning Commission Department:Planning Commission Caption:Z-06-21 - A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE with the following conditions 1) that a site plan done by a certified engineer be presented showing a parking and traffic flow plan and 2) no Certificate of Occupancy be issued until such improvements are completed; a petition by United Life of Christian Learning Academy, on behalf of Ben Bynum, requesting to waive the use restriction resulting from the B-1 (Neighborhood Business) zoning per Z-92-76 of the Augusta-Richmond County Zoning Ordinance affecting property known under the present numbering system as 1604 North Leg Road and containing .34 acres. (Tax Map 42-3 Parcel 7) DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Planning Commission Department:Planning Commission Caption:Z-06-22 - A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE a petition by Horstas Uzpurvis, on behalf of Toxey Smith and Horstas Uzpurvis, requesting a change of zoning from Zone LI (Light Industry) to Zone R-1D (One-family Residential) affecting property known under the present numbering system as 512 Walker Street and containing .23 acres. (Tax Map 47-3 Parcel 48) DISTRICT 1 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Planning Commission Department:Planning Commission Caption:Z-06-24 - A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE a petition by ATC Development Corp., on behalf of Benjamin S. Davis requesting a change of zoning from Zone A (Agriculture) to Zone R-1E (One-family Residential) affecting property located approximately 170 feet, more or less, northeast of Maddox Drive and also being 1,300 feet, more or less, north of Wrightsboro Road and containing 2.89 acres. (Part of Tax map 40 Parcel 29) DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Planning Commission Department:Planning Commission Caption:Z-06-26 – A request for concurrence with the Augusta- Richmond County Planning Commission to APPROVE a petition by Ben R. Harrison, on behalf of John Gibbs, III, requesting a change of zoning from Zone B-1 (Neighborhood Business) and Zone LI (Light Industry) to Zone B-2 (General Business) affecting property known under the present numbering system as 101 Sand Bar Ferry Road and containing approximately 1.5 acres. (Tax Map 48-3 Parcel 73.03 and part of Parcel 73.04) DISTRICT 1 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Planning Commission Department:Planning Commission Caption:FINAL PLAT – LONGPOINT TOWNHOMES – S-728 – A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE a petition by Star Survey, Inc., on behalf of ATC Development Company, requesting final plat approval for Longpoint Townhomes. This residential townhome development is located on Old Waynesboro Road and contains 26 lots. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Planning Commission-Regular Agenda Department:Planning Commission Caption:Z-06-19 - A request for concurrence with the Augusta- Richmond County Planning Commission to DENY a petition by Southern Specialty Inc. requesting a change of zoning from Zones R-1A (One-family Residential) and R-MH (Manufactured Home Residential) to Zone R-1A (One- family Residential) with a Special Exception to allow greater flexibility for a proposed detached single family residential subdivision not to exceed 4 units per acres in density per Section 9-2 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property located 2,553 feet, more or less, west of the southwest corner of the intersection of Windsor Spring Road and Spirit Creek Road and containing approximately 95 acres. (Part of Tax Map 153 Parcel 72) DISTRICT 4 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Planning Commission-Regular Agenda Department:Planning Commission Caption:Z-06-23 - A request for concurrence with the Augusta- Richmond County Planning Commission to DENY a petition by Rosario S. Chacon, on behalf of Phil-Am Development Inc,, requesting a change of zoning from Zone R-3B (Multiple-family Residential) to Zone P-1 (Professional) of the Augusta-Richmond County Zoning Ordinance affecting property known under the present numbering system as 1026 Bertram Road and containing approximately .45 acres. (Tax map 12 Parcel 41) DISTRICT 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Alcohol License Application Department:License & Inspections Caption:New Ownership Application:A. N. 06 - 13: A request by Tsegai T.Wasse for a retail package Liquor, Beer & Wine license to be used in connection with Lion Package located at 2102 Martin Luther King Blvd. District 2. Super District 9. Background:The applicant is the former owner the business was repossessed after the death of previous applicant. Analysis:The applicant has met all the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $3850.00 Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Alcohol License Application Department:License & Inspection Caption:New Application: A. N. 06 - 14: A request by Steve Okawa for a retail package Beer & Wine license to be used in connection with Five Star Express, Inc. located at 724 Laney Walker Blvd. District 1. Super District 9. Background:This a new application and new location. Analysis:The applicants have met all the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1100.00 Alternatives: Recommendation:License & Inspection recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Alcohol License Application Department:License & Inspection Caption:New Ownership Application: A. N. 06 - 15: A request by Linda B. Jones for an on premise consumption Liquor, Beer & Wine license to be used in connection with Push Restaurant & Lounge located at 1924 Gordon Hwy. There will be Dance. District 5. Super District 9. Background:This a new ownership application. Formerly Jay's 411 lounge. Analysis:The applicant has met all the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $3950.00 Alternatives: Recommendation:License & Inspection recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Alcohol License Application Department:License & Inspection Caption:New Ownership Application: A. N. 06 - 16: A request by Kyong Sun Pak for a retail package Beer & Wine License to be used in connection with K's Mart located at 2301 Lumpkin Rd. District 6. Super District 10. Background:This is a new ownership application. Formerly in the name of Kyong Seo. Analysis:The Application has met all the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1100.00 Alternatives: Recommendation:License & Inspection recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Massage Application Department:License & Inspection Caption:Discussion: A request by Brigette N. Haram for a Therapeutic Massage License to be used in connection with Hand Over Stress located at 104 Warren Rd. District 7. Super District 10. Background:This is a new application. Hand Over Stress has a Massage Operators license. Analysis:The applicant has met all the requirements of the Augusta Richmond Ordinance that regulates Massage Therapy. Financial Impact:The applicant will pay a fee of $175.00 Alternatives: Recommendation:License & Inspection recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Special Event (Alcohol) Department:License & Inspections Caption:Discussion: A request by Jan Scholer for a One Day Special Event License (Beer) to be used in connection with Wild Wing Cafe (in the parking lot) located at 3035 Washington Rd. District 7. Super District 10. Background:This is for the Friday of Masters Week. The applicant has this event every year. Analysis:The applicant has met all the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $50.00 Alternatives: Recommendation:License & Inspection recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Special Event (Alcohol) Department:License & Inspection Caption:Discussion: A request by Thomas D. Thompson for a Special Event License (Alcohol) for April 3rd thru 8th 2006 (Masters Week) to be used in connection with the Comfort Inn located at 629 Frontage Rd. District 7. Super District 10. Background:The applicant has an Alcohol Catering License thru Summerville Ace which allows him to make this request for your approval. Analysis:The applicant has met all the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $300.00. Alternatives: Recommendation:License & Inspection recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Special Event (Alcohol) Department:License & Inspection Caption:Discussion: A request by Jonathan Vick for a Special Event License (Beer) for April 5, 2006 to be used in connection with National Hill Bar & Grill (in the parking lot) located at 2701 Washington Rd. District 7. Super District 10. Background:The event will be on the Wednesday of Masters Week. This is a yearly event. Analysis:The applicant has met all the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $50.00 Alternatives: Recommendation:License & Inspection recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Surety Bond Release Department:License & Inspection Caption:Request the execution of the attached 'Release and Assignment' form pertaining to the forfeiture of the Surety Bond for Christian Home Improvement, claim # 00185073. Background:The Augusta Construction Advisory Board, at the called meeting on August 10, 2005, approved the forfeiture of the Surety Bond for Christian Home Improvement in the amount of $6,777.00 for code violations 2795 Davis Mill Road.... Mr. Bernard Bembry filed a claim alleging damages arising from work done or supervised by Mr. Cedric Croxton, d/b/a Christian Home Improvement. Mr. Bembry contracted with Mr. Croxton to replace a hardwood floor, a ceramic tile floor, and replace the roof shingles at 2795 Davis Mill Road for a total of $11,393.32. Mr. Croxton purchased the building permit under his licensed company - Christian Home Improvement. Mr. Croxton requested and was paid an advance of $7,000 on April 4, 2005. Mr. Croxton installed the wood floor but it had to be replaced. Mr. Croxton removed the shingles and did return to complete the roof. During the time the roof was exposed, it rained and several rooms in the house suffered water damage. Analysis:Mr. Bembry negotiated a settlement with the bond company in the amount of $5,831.72.... The execution of the release form and the issuance of a check to Mr. Bembry for $5,831.72 will complete the administrative process for this claim. Financial Impact:Receive $5,831.72 from the bond company. Pay out $5,831.72 to Mr. Bembry. Alternatives:N/A Recommendation:Approval Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM 516 Broad Street Facade Department:Housing and Economic Development Caption:Motion to approve the Façade Rehabilitation Grant Application for 516 Broad Street. The applicant will match Façade funds with interior improvements. (Approved by Administrative Services Committee March 13, 2006) Background:The Façade Rehabilitation Grant Program is designed to improve the appearance of commercial structures located primarily in the City of Augusta’s Central Business District (CBD) and other commercial neighborhoods that are severely blighted and in disrepair. The purpose of the program is to stimulate private investment in these structures, and make these commercial neighborhoods more attractive to business. Analysis:The structure located at 516 Broad Street meet the preliminary requirements of the Façade Rehabilitation Grant Program and would support the ongoing work that is underway in the City of Augusta’s Central Business District (CBD). The above-mentioned structure has had an existing Façade Rehabilitation Grant with a 10 year easement requiring the owner to maintain maintenance of the structure in 1992. The easement has expired and the structure is eligible for the Façade Grant Program. Financial Impact:$30,000 CDBG Funding. Alternatives:None Recommended Recommendation: Approve up to $30,000 for the Commercial Revitalization Façade Grant Application to stimulate private investment into the structure located at 516 Broad Street in the Central Business District (CBD), and to make the area more attractive for business activity. The Citizen’s Advisory Committee recommended approval of the abovementioned façade at their January 26, 2006 meeting. Funds are Available in the Following Accounts: CDBG Facade Account # 06182 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Augusta Seminoles Department:Clerk of Commission Caption:Consider a request to adopt the Augusta Seminoles as the City's Official Sports Team. (No recommendation from the Administrative Services Committee March 7, 2006) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Demolition of unsafe structures Department:License & Inspection Caption:Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the South Richmond Neighborhood: 4088 Ruffin Road, (District 8, Super District 10); South Augusta Neighborhood: 2131 Sibley Road, (District 5, Super District 9); Academy Baker Neighborhood: 1405 Merry Street, (District 1, Super District 9); West End Neighborhood: 1976 Ellis Street, 2050 Greene Street, (District 1, Super District 9); Meadowbrook Neighborhood: 2510 Gerbing Road, (District 4, Super District 9); AND WAIVE 2ND READING. (Approved by Administrative Services Committee March 13, 2006) Background:The approval of this ordinance will provide for the demolition of certain structures that have been determined to be dilapidated beyond repair and a public nuisance. The owners of the above referenced properties have been requested to correct the property maintenance violations. The violations were not corrected. By approving this ordinance the City will have the structures demolished, record a lien against the property in the amount of the costs incurred, and send the property owners a bill for payment that is due within 30 days of receipt. Analysis:Continuing the removal of dilapidated structures will signal to the public that neglected, unsafe and uninhabitable structures will not be allowed and that property owners will be held responsible for their properties. Financial Impact:The average total cost associated with the demolition of each property will be approximately $5,200.00, except 1976 Ellis Street which may cost approximately $25,000.00. This includes the title search, asbestos survey, and demolition. Alternatives:Allow the unsafe structures to remain and continue to have a negative impact on the neighborhoods and City. Recommendation:Approval Funds are Available in the Following Accounts: Account # 101072910 - 5212999 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Demolition of unsafe structures Department:License & Inspection Caption:Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Bethlehem Neighborhood: 1616 Mill Street, 1115 Mercier Street, 1126 Maxwell Street, 1129 Maxwell Street, 1425 James Brown Boulevard, (District 2, Super District 9); East Augusta Neighborhood: 116 Pollard Street, (District 1, Super District 9), East Augusta Neighborhood, (Hyde Park): 2025 Willow Street, 2033 Willow Street, 2006 Walnut Street, 2022 Walnut Street, 2039 Walnut Street, (District 2, Super District 9); South Augusta Neighborhood: 1109 Ninth Avenue, (District 2, Super District 9); Turpin Hill Neighborhood: 1604 Linden Street, (District 2, Super District 9); Laney- Walker Neighborhood: 1126 Tenth Street, (District 1, Super District 9); AND WAIVE 2ND READING. (Approved by Administrative Services Committee March 13, 2006 Background:The approval of this ordinance will provide for the demolition of certain structures that have been determined to be dilapidated beyond repair and a public nuisance. The owners of the above referenced properties have been requested to correct the property maintenance violations. The violations were not corrected. By approving this ordinance the City will have the structures demolished, record a lien against the property in the amount of the costs incurred, and send the property owners a bill for payment that is due within 30 days of receipt. Analysis:Continuing the removal of dilapidated structures will signal to the public that neglected, unsafe and uninhabitable structures will not be allowed and that property owners will be held responsible for their properties. Financial Impact: The average total cost associated with the demolition of each property will be approximately $5,200.00. This includes the title search, asbestos survey, and demolition. Alternatives:Allow the unsafe structures to remain and continue to have a negative impact on the neighborhoods and City. Recommendation:Approval Funds are Available in the Following Accounts: Account # 220072912 - 5211119 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Local Preferences Ordinance Department:Clerk of Commission Caption:Motion to approve providing preferences to local businesses doing business with their local government. (Approved by Administrative Services Committee March 13, 2006) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Mothball Ordinance Department:Administrative Services Caption:Motion to approve "Mothball" Ordinance which sets standards for temporary securing and storage of structures prior to rehabilitation. (Approved by Administrative Services Committee March 13, 2006) Background:Work on this Ordinance has been ongoing for over a year. It's purpose is to give a property owner a third option to immediately rehabilitating or demolishing a dilapidated structure. It has been approved by the legal department and it has the support of the DDA, HPC, and other groups. Analysis:Under current laws a dilapidated building has to either be demolished or rehabilitated to meet code. This results in a lot of buildings standing in deteriorated condition and it also results in buildings that could be salvaged being demolished. The proposed ordinance could result in some buildings being saved, and more attractive and safe preservation of unoccupied buildings. Financial Impact:N/A Alternatives:Disapprove, approve, or recommend changes prior to approval. Recommendation:Approve. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Optional Relocation Policy Department:Housing and Economic Development Department Caption:Motion to approve Adoption of Updated Anti- DisplacementRelocation Policy to Include Optional Relocation Assistance to Homeowners Receiving Rehabilitation Assistance. (Approved by Administrative Services Committee March 13, 2006) Background:Because the City receives Federal funds, the City is required to adhere to the Uniform Real Property and Acquisition Policies Act of 1970 (URA), as amended. This Act is triggered whenever Federal funds are used to assist a project and there is a possibility that the occupants of buildings and homes will be displaced. Under the Housing and Economic Development Rehabilitation Program, from time to time homeowners may be required to move temporarily from their residence in order for the renovations to be undertaken. Under the URA, these households are not entitled to relocation assistance. However, it is in the best interest of the City and the household that assistance be provided. In the past, we have not had a local policy to address this issue and the City has received a HUD findings due to lack of an optional relocation policy. Analysis:With the approval of this policy, the City (HED) will provide temporary housing relocation assistance when households cannot make alternative arrangements to stay with other family members or friends. Failure to have alternative arrangements for temporary relocation will not disqualify a household for participation in the housing rehabilitation program. The City’s housing program staff will evaluate the condition of the property, and determine if a household may have to temporarily relocate during the project, either for demolition/reconstruction, or the presence of significant lead- based paint hazards. If it is determined that the household will be required to temporarily relocate, these optional relocation policies will be provided in writing. The City staff will work with the household to understand their options for temporary housing, including any assistance offered under this optional relocation policy. Once the project is approved, and it is determined that the household will require optional relocation assistance, the City will provide that assistance the following forms: Temporary Housing - The City will provide temporary housing that is decent, safe, and sanitary on a nondiscriminatory basis for families or individuals who are moved temporarily during a housing rehabilitation project (either demolition/reconstruction or rehabilitation of existing units). The City maintains a decent, safe and sanitary housing unit, located at 3408 Blackstone Court Augusta, GA 30906, and will make this unit available at no cost for occupancy. The City understands that temporary housing, especially off- site temporary housing, shall not be used for extended periods of time, and consistent with the URA, will not exceed one (1) year in duration. If City is unable to guarantee the households return to their own housing unit within a one year (1) period, the City may reevaluate the project, and offer other housing options, such as homebuyer or tenant-based rental assistance. Packing and Moving Assistance - It is the obligation of the household to prepare and pay for the cost to move personal possessions. The cost to pack and move all of the household belongings and household goods may be made part of the housing assistance, and if the household desires. The City will provide a list of qualified moving companies, who can assist the household with the temporary relocation; however, the household will be responsible for seeking competitive bids and selection of any moving and storage contractor. Incidental Costs - Incidental costs to be paid by the household will include utility (electric and water), telephone and cable television at the City-owned housing unit. The City will make the necessary arrangements, with the cooperation of the households, for the disconnection or suspension of utility, telephone and cable television service at the unit undergoing rehabilitation or reconstruction. Mortgage Payments (existing) - When it is necessary to temporarily move households in order facilitate the rehabilitation of an existing housing unit or reconstruct a unit that is substandard and not suitable for rehabilitation, any existing mortgage obligation will continue to be paid by the household. Financial Impact:Funds funds required will be taken from the Housing Rehabilitation allocated funds. Alternatives:None recommended. Recommendation:Approve Adoption of Updated Anti-DisplacementRelocation Policy to Include Optional Relocation Assistance to Homeowners Receiving Rehabilitation Assistance Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Continuation of Public Official Liability Insurance Department:Finance / Risk Management Division - David Persaud, Director Caption:Motion to approve renewal of Public Official Liability coverage with current carrier, Landmark American Insurance, for a premium of $86,523. (Approved by Finance Committee March 13, 2006) Background:Public Official Liability coverage has been provided for wrongful acts of the public entity and wrongful acts of individuals who act on behalf of the entity. A wrongful act means any actual or alleged breach of duty, neglect, misstatements, misleading statements, or employment practices. Augusta-Richmond County has maintained continuous coverage since 1997. This policy expires April 19, 2006. Current coverage has a $2,000,000 liability limit with an SIR (self insured retention) of $250,000 for each loss. The premium quote for Augusta for 2006 is $86,523 which is $8,477 less than 2005's premium. Analysis:Acceptance of coverage gives additional protection to the assets of public officials. Public Official Liability (POL) coverage is claims made coverage (occurrence based is not available) which means any claim which may be covered would need to be filed during the policy period. If we were to change companies and a claim arose which began during the prior policy period we could not recover from the insurer unless we purchase what is called "tail" coverage. Tail coverage is generally 150% to 200% of the regular premium. Hence, it is generally not cost effective to change POL insurers. Financial Impact: J. Smith Lanier & Company secured 3 quotes for this coverage. These quotes provide $2,000,000 in coverage with a $250,000 SIR (self insured retention). Quotes were received from Landmark American Insurance Co. an A rated carrier (current carrier and none commited) for a premium of $86,523; AIG Insurance Company an A+ carrier with a premium quote of $85,179; and Westchester Insurance Company an A+ carrier with a premium quote of $82,112. Alternatives:Rely totally on available funds for the payment of any judgments which may be rendered directly against entity's public officials. Recommendation:Approve coverage quoted by Landmark American for a one year period for a premium of $86,523 for $2,000,000 in coverage and $250,000 SIR. Coverage includes Augusta Commission, Augusta Regional Airport Authority and Solid Waste Management Authority. Funds are Available in the Following Accounts: 611015212 52.31110 Risk Management / Insurance REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Crime Scene Truck Department:Finance Department, Fleet Management-Ron Crowden, Fleet Manager Caption:Motion to approve the replacement of 1 crime scene van with 1 crime scene truck for the Sheriff’s Office-Criminal Investigation Division Bobby Jones Ford of Augusta, Georgia for $23,134.00 (Lowest Bid offer for bid 05-135). (Approved by Finance Committee March 13, 2006) Background: The Richmond County Sheriff’s Office-Criminal Investigation Division requests the replacement of a crime scene van with an F-250 crime scene truck. The vehicle being replaced is a 1996 E-350 van with 112,912 miles (see evaluation sheet attached). The Richmond County Sheriff’s Office currently has three investigators assigned as Crime Scene Technicians. They currently work Monday through Friday, 08:30 a.m. to 5:00 p.m. and are on-call twenty-four hours a day. This team on average is involved in approximately two hundred responses a month, many of them after hours. Each vehicle is equipped with various tools, markers, electronics, and assorted other necessities to work a crime scene. This requires a vehicle design with ample storage space and hook ups for an independent power source. Once at a crime scene the investigator may be there several hours and can not be running back and forth for needed pieces of equipment. The vehicle to be replaced is the oldest of the three vehicles assigned to the Crime Scene Unit and is a 1996 Chevrolet Conversion Van, which was originally a seized Narcotics vehicle converted to its current use. The vehicle is incurring down time due to maintenance based on its high usage, associated with its age and high mileage. Due to the amount of equipment these vehicles carry the investigator is not able to place the needed equipment in a spare vehicle for use, and therefore one of the other two vehicles is required to be used when this vehicle is down, adding additional wear on the second vehicle, due to the “hot seating”. The replacement vehicle is the second vehicle of this type (truck) requested for the Crime Scene Unit. The current vehicle has proven both reliable and adaptable to the mission of the Crime Scene Technicians. The specifications of this new vehicle call for a diesel engine which should increase the life of the vehicle, allowing it to remain active in the fleet for a substantial period of time. The new unit will be completely designed and compartmentalized specifically to maintain various types of critical equipment and paraphernalia utilized in this intensely tedious work. The new unit will also afford more dependable transportation than the older van currently being utilized. Analysis:Fleet Management submitted a request for bids through the Procurement Department utilizing the Demand Star electronic bid system which offers nationwide bid coverage. The Procurement Department received quotes back from 5 vendors: Bobby Jones Ford-$ 23,134.00-LOWEST BIDDER, Allan Vigil Ford-$ 26,778.00, Carl Black GMC -$ 29,923.00, Legacy Ford-$ 24,891.00, Parkway Ford-$ 25,543.00. Financial Impact:The unit will be purchased for $23,134.00. Funding for the procurement of this vehicle will be provided by the Sheriff’s forfeiture account. Alternatives:1. Approve the award to the lowest bidder, Bobby Jones Ford of Augusta, Georgia 2. Do not approve the request. Recommendation:Approve the acquisition of one F-250 truck for the Sheriff’s Office-Criminal Investigation Division Bobby Jones Ford of Augusta, Georgia for $23,134.00 (Lowest Bid offer for bid 05-135). Funds are Available in the Following Accounts: 211-03-1210.54-22210 REVIEWED AND APPROVED BY: Finance. Procurement. Disadvantaged Business Enterprise. Administrator. Clerk of Commission Bobby Jones Carl Black Allan Vigil Parkway Ford Legacy Ford Brand Ford GMC Ford Ford Ford Model F-250 Sierra F-250 F-250 F-250 Delivery Date 90-120 days 50 days 8-10 weeks 60-90 days 90 days 5.01 14,319.00$ 17,900.00$ 17,432.00$ 14,575.55$ 14,444.00$ 5.02 17,218.00$ 19,250.00$ 19,920.00$ 17,506.55$ 17,374.00$ 5.03 15,994.00$ 19,950.00$ 19,436.00$ 16,291.30$ 16,151.00$ 5.04 18,691.00$ 22,450.00$ 21,974.00$ 18,993.30$ 18,849.00$ 5.05 17,378.00$ 21,250.00$ 20,618.00$ 18,007.30$ 17,543.00$ 5.06 20.00$ 23,900.00$ 23,257.00$ 21,151.30$ 20,687.00$ 5.07 4,233.00$ 7,000.00$ 4,335.00$ 4,335.00$ 4,233.00$ 5.08 300.00$ 245.00$ 255.00$ 255.00$ 249.00$ 5.09 Standard 79.00$ N/A Standard Standard 5.10 Standard Standard N/A Standard Standard 5.11 (344.00)$ N/A (352.00)$ (325.00)$ 344.00$ 5.12 (307.00)$ (323.00)$ (246.00)$ (300.00)$ 307.00$ 5.13 104.00$ 59.00$ 107.00$ 107.00$ 104.00$ 5.14 46.00$ 46.00$ 47.00$ 50.00$ 46.00$ 5.15 320.00$ 200.00$ 328.00$ 335.00$ 320.00$ 5.16 83.00$ 79.00$ 85.00$ 88.00$ 83.00$ 5.17 30.00$ N/A N/C 15.00$ 5.00$ 6.01 35.00$ 46.00$ 40.00$ 85.00$ 80.00$ 6.02 25.00$ 115.00$ 38.00$ 250.00$ 250.00$ 6.04 450.00/260.00 350.00$ 325.00$ 650.00$ 650.00$ 6.05 85.00$ 242.00$ 174.00$ 225.00$ 225.00$ 6.06 4,100.00$ 5,400.00$ 4,450.00$ 5,439.00$ 5,439.00$ 6.07 295.00$ 295.00$ 175.00$ 585.00$ 585.00$ 6.08 280.00$ 395.00$ 175.00$ 585.00$ 585.00$ 6.09 220.00$ N/B 180.00$ 450.00$ 450.00$ 6.10 440.00$ N/B 360.00$ 900.00$ 900.00$ 6.11 190.00$ 242.00$ 300.00$ 400.00$ 400.00$ 6.12 175.00$ 174.00$ 210.00$ 395.00$ 395.00$ 6.13 30.00$ 35.00$ 129.00$ 110.00$ 100.00$ 6.14 8.00$ 8.00$ 45.00$ 58.00$ 53.00$ 6.15 120.00$ 495.00$ 250.00$ 435.00$ 425.00$ 6.16 190.00$ 495.00$ 175.00$ 375.00$ 375.00$ 6.17 1,860.00$ 2,400.00$ 2,200.00$ 2,295.00$ 2,395.00$ 6.18 35.00$ 60.00$ 46.00$ 195.00$ 190.00$ 6.19 95.00$ 85.00$ 100.00$ 140.00$ 140.00$ 7.01 32.00$ 45.00$ 63.00$ 110.00$ 100.00$ 7.02 85.00$ 225.00$ 95.00$ 395.00$ 395.00$ 7.03 182.00$ 495.00$ 152.00$ 395.00$ 395.00$ 7.04 260.00$ 595.00$ 235.00$ 710.00$ 710.00$ Bid Item 05-135 2006 8500 GVW Pickup Truck w/Accessories Augusta Fleet Management Bid Due: Thursday, September 29, 2005 @ 11:00 a.m. This bid item was advertised through Demandstar and 8 planholders received notification. It was also publicized in Augusta Chronicle on September 1, 8, 15, 22, 2005 and in Metro Courier September 7, 2006. A total of five vendors submitted bids. Invitation To Bid Sealed bids will be received at this office until 11:00 a.m. Thursday, September 29 2005 Bid Item #05-134 2006 6000 GVW Pickup Truck w/Accessories for Augusta Fleet Department Bid Item #05-135 2006 8500 GVW Pickup Truck w/Accessories for Augusta Fleet Department Bid Item #05-136 2006 10,000 GVW Pickup Truck w/Accessories for Augusta Fleet Department BID’s will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30911 706-821-2422 BID documents may be obtained at the office of Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30911. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by Fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. It is the wish of the Owner that minority businesses are given the opportunity to BID on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No BID may be withdrawn for a period of 30 days after time has been called on the date of opening. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid invitation are material conditions of the bid. Any package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Augusta has a Link Deposit program designed to provide loans to eligible local Small, Minority and Women Owned Businesses. For more information about this program contact the Human Resources Department at 706-821-2303. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 1, 8, 15, 22, 2005 Metro Courier September 7, 2005 cc: Tameka Allen Interim Deputy Administrator Ron Crowden Fleet Management Yvonne Gentry DBE Coordinator FAX TRANSMISSION AUGUSTA-RICHMOND COUNTY CONSOLIDATED GOVERNMENT 530 Greene Street - Room 605 Augusta, Georgia 30911 706 821-2422 Fax: 706 821-2811 To: Metro Courier Date: August 24, 2005 Fax #: 706 722-7104 Pages: From: Geri A. Sams 2, including this cover sheet. Subject: LEGAL NOTICES FOR BID ITEM: #05-134, #05-135, #05-136 COMMENTS: Please print the above Bid Item(s) on the following dates: September 7, 2005 REQUISITION #43705B Please send an affidavit of publication. Home My DemandStar Buyers Suppliers Account Info Planholders List 8 Planholder(s) found. DemandStar is a product of Onvia, Inc. (c) 1997-2006. All rights reserved. | Terms of Use | Privacy Login | Register | Help Onvia DemandStar Member Name City of Augusta, GA Bid Number ITB-05-135-0-2005/PJM Bid Name 2006 8500 GVW Pickup Truck w/Accessories Supplier Name City State Phone Fax Carl Black GMC Kennesaw GA 6787760791 7702181129 Ford - Akins Ford Corporation Winder GA 7708685280 7708685280 Jet-Vac Sumter SC 8034944430 8034944440 Legacy Ford Inc. McDonough GA 7709142800 7709142635 Mears Motor Leasing Orlando FL 4072982982 4075784924 Mike Albert Leasing Inc Cincinatti OH 5135542878 5139562878 Nelson Dodge GMC Fergus Falls MN 2187392283 2187396021 Rogers Dodge of Alvin Alvin TX 2817568532 2817568532 Page 1 of 1 Format for Printing No Search << Return Commission Meeting Agenda 3/21/2006 2:00 PM Kids Restart, Inc. Department:Clerk of Commission Caption:Motion to approve a request from Kids Restart, Inc. regarding city sponsorship through the purchase of tickets in accordance with city policy for the Second Annual "Drive for Kids" Golf Tournament. (Approved by Finance Committee March 13, 2006) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Public Services-Motorgrader Lease Department:Finance Department-Fleet Management Division, Ron Crowden, Fleet Manager Caption:Motion to approve the request from Public Services Department-Maintenance Division to replace a current 36- month lease of two motor graders with a new 48-month lease from Yancey Brothers Caterpillar, Inc of Augusta, Georgia for $1,545.48 each per month (Lowest Bid offer for bid 06- 108). (Approved by Finance Committee March 13, 2006) Background:The Augusta Public Services Department-Maintenance Division requests permission to replace a current 36-month lease for two motor graders with a new 48-month lease. The current lease expires on April 1, 2006, and the cost of the current 36-month lease is $1,653.40 per unit per month. We are recommending replacing the 36- month lease with a 48 month lease which will cost $1,545.48 each per month, therefore saving Augusta a total of $2,590.08 per year over our current lease. The new lease will also feature an extended drive train warranty so all major engine components, transmission, and drive lines will be covered for the life of the lease. These units are used on a daily basis and critical in maintaining our rural roads and also utilized on many various construction projects. Analysis:Fleet Management submitted a request for bids through the Procurement Department utilizing the Demand Star electronic bid system which offers nationwide bid coverage. The Procurement Department received quotes back from four (4) vendors. Yancey Brothers, Inc., of Augusta, Georgia submitted the lowest bid. The following are the results of the bids received: Yancey Brothers, Inc. = $ 1,545.48 Each Per Month- LOWEST BIDDER, ASE Construction Equipment= $ 3,755.03 Each per Month, Tractor & Equipment= $ 1,917.80 Each per Month, Metrac, Inc.= $ 2,033.83 Each per Month Financial Impact:The units will be leased for $1,545.48 each per month for 48- months. Funding for the lease of this equipment is incorporated into the approved 2006 operating budget of Public Services-Maintenance Division. Alternatives:(1) Approve the request, (2) do not approve the request, (3) approve the request in part (only one Motorgrader Recommendation:Approve the request from Public Services Department- Maintenance Division to replace a current 36-month lease of two motor graders with a new 48-month lease from Yancey Brothers Caterpillar, Inc of Augusta, Georgia for $1,545.48 each per month (Lowest Bid offer for bid 06-108). Funds are Available in the Following Accounts: 101-04-1260-52-24219 REVIEWED AND APPROVED BY: Finance. Procurement. Disadvantaged Business Enterprise. Administrator. Clerk of Commission ASC Tractor and Equipment Metrac Yancey Brothers Year 2006 2006 2006 2006 Brand Volvo Komatsu John Deere Caterpillar Model G930 GD655-3 770D 140-H Purchase Price 177,970.00$ 162,200.00$ 156,355.00$ 175,689.00$ Total Price 177,970.00$ 324,400.00$ 312,710.00$ 175,689.00$ Option 1 Lease Price per month for 36 months 4,851.14$ 2,039.94$ 2,201.74$ 1,656.30$ Total Lease Cost 192,669.94$ 146,875.68$ 158,525.28$ 59,626.80$ Guaranteed Purchase at end of Lease 18,028.90$ 115,000.00$ 97,500.00$ 135,300.00$ Option 2 Lease Price per month for 48 months 3,755.03$ 1,917.80$ 2,033.83$ 1,545.48$ Total Lease Cost 198,346.44$ 184,108.80$ 195,247.68$ 74,183.04$ Guaranteed Purchase at end of Lease 18,105.00$ 108,000.00$ 85,000.00$ 126,300.00$ Option 3 Lease Price per month for 60 months 3,086.57$ 2,064.39$ 1,927.80$ 1,434.86$ Total Lease Cost 203,407.40$ 247,726.80$ 231,336.00$ 86,091.60$ Guaranteed Purchase at end of Lease 18,213.20$ 90,000.00$ 72,500.00$ 120,300.00$ Option 4 Full Lease to Own With Powertrain for 60 months 3,414.76$ 3,018.56$ 2,995.99$ 3,232.47$ Total Lease Cost 204,886.60$ 362,227.20$ 359,518.80$ 193,948.20$ Delivery Date 30 Days ARO 30 Days ARO 95-100 after signed PO 30 to 60 days after receiving order Name of Selected Lease Vendor (Required)Citicapital Komatsu Financial Limited John Deere Credit First Continental Leasing Bid Item #06-108 Motor Grader Lease Augusta Fleet Department Bid Due: Friday, February 24, 2006 @ 11:00 a.m. Home My DemandStar Buyers Suppliers Account Info Planholders List 7 Planholder(s) found. DemandStar is a product of Onvia, Inc. (c) 1997-2006. All rights reserved. | Terms of Use | Privacy Login | Register | Help Onvia DemandStar Member Name City of Augusta, GA Bid Number ITB-06-108-0-2006/PJM Bid Name Motor Grader Lease Supplier Name City State Phone Fax Caterpillar Peoria IL 3096758684 0000000000 Constructionjournal.com Stuart FL 8007855165 8005817204 Fulton Supply Company Aiken SC 8036480464 8036495888 Hertz Equipment Rental Park Ridge NJ 2013075158 8667779470 National City Leasing Columbus OH 8662159619 8006780602 U.S. Equipment, Inc. Martinez GA 7068685560 7068552830 Yancey Bros. Co. Augusta GA 7067901300 7067980955 Page 1 of 1 Format for Printing No Search << Return Invitation To Bid Sealed bids will be received at this office until 11:00 a.m. Friday, February 24, 2006 Bid Item #06-108 Motor Grader Lease for Augusta Fleet Department BID’s will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30911 706-821-2422 BID documents may be obtained at the office of Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30911. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by Fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. It is the wish of the Owner that minority businesses are given the opportunity to BID on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No BID may be withdrawn for a period of 30 days after time has been called on the date of opening. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid invitation are material conditions of the bid. Any package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Augusta has a Link Deposit program designed to provide loans to eligible local Small, Minority and Women Owned Businesses. For more information about this program contact the Human Resources Department at 706-821-2303. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle January 26, February 2, 9, 16, 2006 Metro Courier February 1, 2006 cc: Tameka Allen Interim Deputy Administrator Ron Crowden Fleet Management Yvonne Gentry DBE Coordinator FAX TRANSMISSION AUGUSTA-RICHMOND COUNTY CONSOLIDATED GOVERNMENT 530 Greene Street - Room 605 Augusta, Georgia 30911 706 821-2422 Fax: 706 821-2811 To: Metro Courier Date: January 13, 2006 Fax #: 706 724-8432 Pages: From: Geri A. Sams 2, including this cover sheet. Subject: LEGAL NOTICES FOR BID ITEM: #06-108 COMMENTS: Please print the above Bid Item(s) on the following dates: February 1, 2006 REQUISITION #57076B Please send an affidavit of publication. Commission Meeting Agenda 3/21/2006 2:00 PM Sheriff's Office - Pursuit 2006 Department:Finance Department, Fleet Management Division - Ron Crowden, Fleet Manager Caption:Motioin to approve the replacement of 24 public safety patrol vehicles and 2 public safety transport sedans for Civil/Fugitive Division of the Richmond County Sheriff's Office. (Approved by Finance Committee March 13, 2006) Background:Consistent with the provisions of the Fleet Replacement Policy, 121 eligible vehicles of the Road Patrol and 12 vehicles of the Civil/Fugitive Division were reviewed for replacement. After individual assessments were completed 60 vehicles of the Road Patrol and 6 vehicles of the Civil and Fugitive Division met the replacement criteria established in the policy. The Administrator has established a replacement limit based on the availability of the Capital Outlay for both divisions and the Capital Outlay will support the acquisition (using GMA leasing program) of only 24 Road Patrol Vehicles, and 2 Civil vehicles. Each vehicle had an individual assessment sheet completed on it but to reduce the number of attachments to the electronic agenda the values have been consolidated on the attached spread sheet for review. The road patrol fleet consists of 72-1999 model Crown Victoria’s with 56% of these exceeding 100,000 miles (6 years old). There are 48- 2000 model Crown Victoria’s with 39% exceeding 100,000 miles (5 years old). For the 2006 Budget, the Administrator has allocated $241,066.00 for new leases. This would cover the first years lease for the vehicles requested. Analysis:ANALYSIS: Fleet Management submitted a request for bids (05-159) through the Procurement Department utilizing the Demand Star electronic bid system which offers nation wide coverage. The Procurement Department received quotes back from three vendors. Review of bids received shows the following results: For the Pursuit Vehicle: Bobby Jones Ford = $25,061.00, Allen Vigil Ford =$25,181.00 and Legacy Ford = $25,286.00. For the Civil-Transport Vehicle; Legacy Ford = $22,597, Allen Vigil Ford = $22,692 and Bobby Jones Ford = $22,867.00. Financial Impact:The total projected debt service payments will total $646,658.00 for the 26 vehicles over a three year period. The annual principal of $215,553.00 will be funded by the GMA lease program. The annual principal will be divided between Road Patrol ($200,488.00) and Civil Fugitive ($15,064.00). Funding is available in Capital Outlay. Alternatives:1. Approve the award for the Road Patrol and Traffic vehicles to the lowest bidder, Bobby Jones Ford of Augusta, Georgia. 2. Approve the award for the Civil Vehicles to the lowest bidder, Legacy Ford, Georgia Recommendation:Approve the acquistion of 24 public safety patrol vehicles from Bobby Jones Ford and 2 Civil-transport vehicles from Legacy Ford, (low bids on bid item 05-159). Funds are Available in the Following Accounts: 631-00-0000-54.99631 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission APPENDIX II REPLACEMENT EVALUATION MATRIX FLEET REPLACEMENT POLICY FACTOR POINT DESCRIPTION POINTS Age One point for each year of chronological age. For Pursuit vehicles (road patrol and traffic cars) use 1.5 points for each year. Use .5 for each year for equipment with life expectancy of 10 years or more. Miles/Hours One point for each 10,000 miles of use or 1,000 hours (500 hrs small equipment) Type of Service 4 points for vehicles/equipment for severe duty service 3 points for public service work type vehicles. 1 point administrative or passenger transport type vehicles. Reliability Points are assigned based on the average number of times an item is in the shop over the past year. The repair is not a “quick fix” repair, “come-back” or PM service. 5 points = average of 2 times each month or a total of 15 times within 12 months (add one point for road patrol/traffic car, and one for fire machine). 3 points = average of one time each month or up to 10 times within a 12 month period. 1 point = average of one time every 3 months. Maintenance And Repair Costs Considers total repair costs against the purchase price of the equipment. 5= maintenance and repair costs equal to or greater than the purchase price of the equipment. 1= maintenance and repair costs 20% or less than the purchase price of the vehicle Condition Considers overall body condition, interior and exterior; accident history future repair estimates. Scale of 1 to 5 with 5 being a vehicle that is in poor condition. TOTAL POINTS RANGES: Under 18 points Excellent 18 to 22 points Good 23 to 27 points Qualifies for Replacement 28 points or more Needs immediate consideration for replacement Legacy Ford Bobby Jones Allan Vigil Brand Ford Ford Ford Model Crown Victoria Crown Victoria Crown Victoria Delivery Date 90 - 120 days 90 - 120 days Feb. 2006 5.01 22,092.00$ 22,091.00$ 22,092.00$ 5.02 22,597.00$ 22,867.00$ 22,692.00$ 5.03 22,994.00$ 22,947.00$ 22,984.00$ 5.04 24,238.00$ 24,151.00$ 24,193.00$ 5.05 25,286.00$ 25,061.00$ 25,181.00$ 5.06 25,038.00$ 24,908.00$ 24,933.00$ 6.01 1,547.00$ 1,495.00$ 1,547.00$ 6.02 280.00$ 160.00$ 275.00$ 6.03 160.00$ 160.00$ 157.00$ 6.04 260.00$ 263.00$ 256.00$ 6.05 115.00$ 69.00$ 114.00$ 6.06 35.00$ 25.00$ 35.00$ 6.07 31.00$ 10.00$ 31.00$ 6.08 27.00$ 40.00$ 27.00$ 6.09 125.00$ 100.00$ 125.00$ 6.10 69.00$ 45.00$ 89.00$ 6.11 102.00$ 90.00$ 102.00$ 6.12 350.00$ 325.00$ 345.00$ 6.13 285.00$ 254.00$ 280.00$ 6.14 310.00$ 298.00$ 302.00$ 6.15 216.00$ 207.50$ 216.00$ 6.16 142.00$ 152.50$ 142.00$ 6.17 330.00$ 290.00$ 320.00$ 6.18 435.00$ 424.00$ 425.00$ 6.19 10.00$ 20.00$ 10.00$ 6.20 115.00$ 118.00$ 115.00$ 6.21 325.00$ 295.00$ 320.00$ 6.22 168.00$ 138.00$ 168.00$ 6.23 230.00$ 285.00$ 227.00$ 6.24 30.00$ 35.00$ 30.00$ 6.25 165.00$ 110.00$ 165.00$ 6.26 47.00$ 35.00$ 47.00$ 6.27 2,175.00$ 2,225.00$ 2,350.00$ Bid Item # 05-159 was advertised through Demandstar where nine companies were notified of this bid item. It was also publicized in Augusta Chronicle on October 6, 13, 20, 27, 2005 and in Augusta Focus October 13, 2005. Three companies submitted bids. Bid Item #05-159 2006 Ford Crown Victoria P71 Automobile w/Accessories Fleet Management Bid Due: Wednesday, November 2, 2005 @ 11:00 a.m. Commission Meeting Agenda 3/21/2006 2:00 PM Timothy Boyd Miller Concert Department:Clerk of Commission Caption:Motion to approve a request from The Way Out, Inc. for city sponsorship through the purchase of tickets in accordance with city policy for the Timothy Boyd Miller Concert. (Approved by Finance Committee March 13, 2006) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Abandonment - Timms Lane (Public Hearing) Department:County Attorney - Stephen E. Shepard, Attorney Caption:Motion to approve setting the date and time for the Public Hearing on abandonment of Timms Lane. (Approved by Engineering Services Committee March 13, 2006) Background:A proposal for the abandonment of Timms Lane located between parcels 059-1-417-00-0 and 059-1-418-00-0 to be abandoned as surplus property came before the Engineering Services Committee on January 30, 2006, which in turn recommended to the full Commission that such roadway be abandoned. The Commission approved such abandonment on February 8, 2006 and notice of the abandonment will be published as required by law. As further required, a public hearing is to be held to hear any objections to said abandonment. Analysis:The hearing is necessary prior to the abandonment of said roadway. Financial Impact:None. Alternatives:Not to proceed with the abandonment. Recommendation:Set date and time to conduct the public hearing to determine if there is any objection to the abandonment. A request is being made for the Public Hearing to be held on April 10th at 10:00 A.M. in room 802. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Acquisition of Right-of-Way and Easement - Carolyn C. Baggott, Jean C. Beall and Mary C. Havron Department:County Attorney - Stephen E. Shepard, Attorney Caption:Motion to approve an Option for Right-of-Way between Carolyn C. Baggott, Jean C. Beall and Mary C. Havron as owners, and Augusta, Georgia, as optionee, for the acquisition of 0.17 acres in connection with the St. Sebastian Way Project. (Approved by Engineering Services Committee March 13, 2006) Background:The property owners have agreed to convey 0.17 acres in fee simple to Augusta, Georgia. The property to be conveyed is the remnant of a larger tract of land which is being acquired in connection with the St. Sebastian project. The sales price is $5,000. Analysis:The purchase of the referenced property is necessary for the improvements, which are a necessary part of project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. The County will advance the necessary funds for the purchase and the Georgia Department of Transportation will reimburse the funds advanced by Augusta, Georgia after acquisition of the property. Alternatives:Deny the motion to approve the purchase of the referenced property. Recommendation:Approve the motion to purchase the referenced property. Funds are Available in the Following Accounts: G/L: 324041110-5411120 J/L: 202824003-5411120 REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Acquisition of Right-of-Way and Easement - Carolyn C. Baggott, Jean C. Beall and Mary C. Havron Department:County Attorney - Stephen E. Shepard, Attorney Caption:Motion to approve an Option for Right-of-Way between Carolyn C. Baggott, Jean C. Beall and Mary C. Havron as owners, and Augusta, Georgia, as optionee, in connection with the St. Sebastian Way Project. (Approved by Engineering Services Committee March 13, 2006) Background:The property owners have agreed to convey a right-of-way and easement consisting of 0.232 acres (10,098.24 sq. ft.) in fee and 0.049 acres (2,154.84 sq. ft) of permanent construction and maintenance easement. The property is located at 1436 Reynolds Street and the purchase price is $249,030.00. Analysis:The purchase of the referenced right-of-way and easement is necessary for the improvements, which are a necessary part of project. Financial Impact:The costs necessary for this purchase will be covered under the project budget. The County will advance the necessary funds for the purchase and the Georgia Department of Transportation will reimburse the funds advanced by Augusta, Georgia after acquisition of the property. Alternatives:Deny the motion to approve the purchase of the referenced right-of-way and easement. Recommendation:Approve the motion to purchase the referenced right-of-way and easement. Funds are Available in the Following Accounts:G/L: 324041110-5411120 J/L: 202824003-5411120 REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Atlanta Gas Light Encroachment Agreements Department:Augusta Utilities Department, Max Hicks Director Caption:Motion to approvel and accepte two (2) Encroachment Agreements with Atlanta Gas Light Company for the Spirit Creek Force Main project. (Approved by Engineering Services Committee March 13, 2006) Background:The Atlanta Gas Light Company (AGL) is the owner of two easements that AUD will need to cross, in order to complete the Spirit Creek Force Main. AGL has agreed for AUD to cross its pipelines. Analysis:These are the standard encroachment agreements used by AGL. Financial Impact:None. Alternatives:Do not approve and accept the encroachment agreements and risk impeding the completion of the project. Recommendation:Approve and accept the encroachment agreements. Funds are Available in the Following Accounts: J/L 80280500-5411120 G/L 510043420-5411120 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Award construction contract for AUD bond project # 50130, Belair Hills Sanitary Sewer Collection System Department: Caption:Motion to approve award of construction contract in the amount of $4,135,310.00 to Chandler Construction for the Belair Hills Sanitary Sewer Collection System. Bid item #06- 097. (Approved by Engineering Services Committee March 13, 2006) Background:The Butler Creek-Belair Hills Subdivision Sanitary Sewer Collection System project is located north of Powell Road, west of Gordon Highway and south of Belair Road, in Richmond County, Georgia. The project will install 34,000 linear feet of sanitary line for the 300 acres of area. The sewer main will be constructed through a wetland area, impacting approximately 1.61 acres of jurisdictional wetlands. Analysis:Chandler Construction, Inc. submitted an acceptable qualifications package and was the lowest qualified bidder. The AUD engineering staff met with WR Toole, Inc., the design engineer for the project, and recommended award to this contractor. Financial Impact:The bid submitted for this project was $4,135,310.00. These funds are available from account 510043420- 5425210/80150130-5425210. Alternatives:1. Reject all bids, which would delay the project and construction of the sewer collector system. 2. Award the contract to Chandler Construction. Recommendation:It is recommended to award the construction contract to Chandler Contruction in the amount of $4,135,310.00 Funds are Available in the Following Accounts: 510043420-5425210/80150130-5425210 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Award of Upper Butler Sewer Extension Project Department:Augusta Utilities Department Caption:Motion to approve award of construction contract in the amount of $1,499,806.20 to Eagle Utility for the Upper Butler Sewer Extension Project. Bid Item: #06-095 (Approved by Engineering Services Committee March 13, 2006) Background:The Sewer System Improvements, Upper Butler Creek Extension Project extends the sanitary sewer for the Upper Butler Basin. This trunk line will serve approximately 1,000 acres north of Gordon Highway and south of Butler Creek. Included in this area are the Willhaven and Belair Hills neighborhoods. Analysis:Eagle Utility,Inc. submitted an acceptable qualifications package and was the lowest qualified bidder. The AUD engineering staff met with James G. Swift and Associates, the design engineer on the project, and recommended award to this contractor. Financial Impact:$1,499,806.20 is available from the Renewal and Extension account. 507043420-5425210 / 80250128-5425210 Alternatives:1. Reject all bids, which would delay the project and impair water distribution in the Upper Butler Basin part of the water system. 2. Award the contract to Eagle Utility. Recommendation:It is recommended to award the construction contract to Eagle Utility in the amount of $1,499,806.2 for installation of the Upper Butler Sewer Extension Project. Funds are Available in the Following Accounts:507043420-5425210 / 80250128-5425210 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Comcast Lease Agreement Department:Augusta Utilities Department, Max Hicks Director Caption:Motion to approve and accept the Comcast Lease Agreement with the deletion of section 10. (Approved by Engineering Services Committee March 13, 2006) Background:Comcast has an equipment building on the AUD 3M Gallon elevated water tank site located at 1711 Brown Road. A new lease has been negotiated with Comcast for this building location. Analysis:This new lease sets out the understanding between Comcast and AUD, and will help avoid misunderstandings. Financial Impact:Income of $2400 per year to AUD. Alternatives:Do not approve and accept the lease agreement and request that Comcast remove its building from the site. Recommendation:Approve and accept the lease agreement. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Condemnation - Anthony Dennis Department:County Attorney - Stephen E. Shepard, Attorney Caption:Motion to authorize condemnation of a portion of Property #140-0-758-00-0 4342 Creekview Dr, which is owned by Anthony Dennis for 375 sq. ft. of temporary easement area. Public Works Project: Pinnacle Place Subdivision Erosion & Drainage Improvement Project. (Approved by Engineering Services Commitee March 13, 2006) Background:The appraised value of the right-of-way and easement is $39.00. The subject property owner is not willing or interested in participating in this project. In order to timely acquire access, condemnation will be necessary. Analysis:Condemnation is required in order to acquire the easement area. Financial Impact:The necessary costs will be covered by project budget. Alternatives:Deny the authorization to condemn. Recommendation:Approve the authorization to condemn. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Condemnation - SunTrust Bank Augusta N.A. Department:County Attorney - Stephen E. Shepard, Attorney Caption:Motion to authorize condemnation of a portion of Property #012-0-018-01-0 2901 Washington Rd, which is owned by SunTrust Bank Augusta N.A. for 1,400.46 sq. ft. of right-of- way and 3,286.47 sq. ft. of temporary easement area. Public Works Project: Washington Road Intersection Improvements Project. (Approved by Engineering Services Committee March 13, 2006) Background:The appraised value of the right-of-way and easement is $21,617.00, plus $278.00 for a sign. The subject property owner made a counter offer of $39,730.00, which is $18,113.00 above the appraised amount. In order to timely acquire access, condemnation will be necessary. Analysis:Condemnation is required in order to acquire the easement area. Financial Impact:The necessary costs will be covered by project budget. Alternatives:Deny the authorization to condemn. Recommendation:Approve the authorization to condemn. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Exchange of Easements with Gregory and Judith Harshfield Department:Augusta Utilities Department, Max Hicks Director Caption:Motion to approve and accept an exchange of easements with Gregory and Judith Harshfield on Ashland Drive. (Approved by Engineering Services Committee March 13, 2006) Background:During construction of the Stratford Drive Sanitary Sewer, in 1978, the alignment of the sewer line was changed from that shown in the plans and acquired easement. An easement over the actual location of the line was not obtained. Analysis:Mr. and Mrs. Harshfield wish to grant Augusta an easement of the actual sanitary sewer line in exchange for Augusta abandoning the original easement back to them. This is set forth in the Easement Deed from the Harshfields. Having an easement over the actual location of the line recorded and noted in Augusta's system would help greatly in being able to locate and maintain the line, when needed. Financial Impact:None. Alternatives:Do not approve and accept the easement deed and leave a portion of the sanitary sewer unprotected by an easement. Recommendation:Approve and accept the easement deed. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Landfill Groundwater and Surface Water Monitoring Department:Solid Waste Caption:Motion to approve change order number one to contract for Bid Item 01-145 in an amount not to exceed $23,000 ($5,750 per semi-annual event) for four semi-annual groundwater assessments at the new phase III cell, as required by EPD. (Approved by Engineering Services Committee March 13, 2006) Background:Georgia EPD Rules presented in Chapter 391-3-4-14, and Terms & Conditions of the landfill operating permit require Augusta-Richmond County to assess groundwater quality at the landfill on a semi-annual basis. Assessment includes sampling; laboratory analyses; data validation, compilation, tabulation, mapping, and interpretation, and; technical report preparation and submittal to the EPD. The Phase III landfill cell groundwater monitoring well network will consist of 11 wells and two surface water monitoring stations. Analysis:Landfill groundwater quality assessment is an on-going compliance requirement. The existing contract with EMA to conduct monitoring at landfill cells IIA, B, and C, was executed on March 27, 2002 for three years with an option for two additional years. EMA has provided the subject services for the last four years, has conducted all field activities in compliance with state and federal requirements, and prepared well written reports supported by quality data. This excellent performance record, the firm’s familiarity with the site and scope of work, and continuity of data and reporting provided by using the same consulting service site- wide supports augmentation of the existing contract to include the Phase III portion of the landfill. Financial Impact: This is an annual expense, and funds are available in landfill account #541-04-4210-5212999. Cost of service for two years is $23,000 ($5,750 per semi-annual event). Alternatives:1) Prepare and issue a Request for Proposal to qualified consultants, evaluate responses, and issue a new long-term contract in time to comply with semi-annual monitoring regulations. 2) Issue a change order to the existing contract with EMA. Recommendation:Approve change order number one to contract for Bid Item 01-145 in an amount not to exceed $23,000 ($5,750 per semi-annual event) for four groundwater assessments at the new phase III cell, as required by EPD. Funds are Available in the Following Accounts: #541-04-4210-5212999 REVIEWED AND APPROVED BY: Finance. Procurement. Disadvantaged Business Enterprise. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Norfolk Southern (fka Central of GA) Easement Deed Department:Augusta Utilities Department, Max Hicks Director Caption:Motion to approve and accept the attached Easement Deed from Norfolk Southern. (Approved by Engineering Services Committee March 13, 2006) Background:Norfolk Southern (f/k/a Central of Georgia) is the record owner of the railroad right of way on Doug Barnard Parkway. AUD needs to cross that right of way, in order to complete the Spirit Creek Force Main. Analysis:Norfolk Southern and AUD have agreed on terms, for the crossing, that protect both parties. Financial Impact:$5,000 for the easement and $1,000 for additional risk insurance. Alternatives:Do not approve and accept the easement deed and risk impeding the completion of the project. Recommendation:Approve and accept the easement deed. Funds are Available in the Following Accounts: J/L 80280500-5411120 G/L 510043420-5411120 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Ordinance for Resale of Water Department:Clerk of Commission Caption:Motion to approve proposed Ordinance amending Augusta Code Section 5-2-8 to repeal prohibition on resale or redistribution of water. (Approved by Commission March 7, 2006 - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Minutes Department: Caption:Motion to approve the minutes of the regular meeting of the Commission held March 7, 2006 and Special Called meeting held March 13, 2006. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Appointments Ninth District Department: Caption:Motion to approve the following appointments representing District 9: Paulette Curry- Tree Commission, Rodriques A. Johnson, Public Facilities, Tom Givens- Riverfront Development, J.R. Riles- Personnel Board, Shelia Paulk- Zoning Appeals, Margaret Armstrong- Planning Commission, Bernard Silverstein- Augusta Aviation, Terrance Dicks- Human Relations, Annie Rogers- Historic Preservation, Betty Tylers- Daniel Field, Barbara Gordon- Housing & Economic Development and Charlie Hannah, Citizen Advisory Council. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Appointments Seventh District Department: Caption:Motion to approve the following appointments representing District 7:Jim Jatho - Augusta Aviation Commission, Randy Hall - Public Facilities. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Alcohol Distance Ordinance Department:Commissioner Andy Cheek Caption:Motion to approve an Ordinance to amend the Code of Augusta-Richmond County by adopting a new section to be known as Article 6, Chapter 2, Section 64(d)(1), et seq..; to define special alcohol license distance requirements with reference to structures not originally built as a place of worship and located in the Downtown Business District; to define the Downtown Business District for purposes of the special alcohol license distance requirements, to provide for exceptions to this Ordinance for such structures in use as of the effective date of this Ordinance; and to repeal all Ordinances and parts of Ordinances in conflect herewith. (Approved by the Commission March 7, 2006 - second reading) Background:A special definition of place of worship which was created from a structure not orginallt built as a place of worship in the a special downtown district has been requested by the Downtown Development Authority through Commissioner Cheek. Analysis:See Background. Financial Impact:N/A Alternatives:Do not enact proposed Ordinance. Recommendation:Enact proposed Ordinance. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Clerk of Commission ORDINANCE NO. ______ AN ORDINANCE TO AMEND THE CODE OF AUGUSTA-RICHMOND COUNTY BY ADOPTING A NEW SECTION TO BE KNOWN AS ARTICLE 6, CHAPTER 2, SECTION 64(d)(1), ET SEQ.; TO DEFINE SPECIAL ALCOHOL LICENSE DISTANCE REQUIREMENTS WITH REFERENCE TO STRUCTURES NOT ORIGINALLY BUILT AS A PLACE OF WORSHIP AND LOCATED IN THE DOWNTOWN BUSINESS DISTRICT; TO DEFINE THE DOWNTOWN BUSINESS DISTRICT FOR PURPOSES OF THE SPECIAL ALCOHOL LICENSE DISTANCE REQUIREMENTS; TO PROVIDE FOR EXCEPTIONS TO THIS ORDINANCE FOR SUCH STRUCTURES IN USE AS OF THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, that the Augusta-Richmond County Code is hereby amended to add a new Section 6-2- 64(d)(1) providing as follows: SECTION 1. Special alcohol license distance requirements for the Downtown Business District . (a) The “Downtown Business District” for purposes of this Ordinance is bounded: 1. North by the Savannah River; 2. East by the western right-of-way line of Fifth Street; 3. South by the north right-of-way line of Greene Street; and 4. West by the east right-of-way line of Fifteenth Street. (b) Any structure in the “Downtown Business District” as herein above defined and not originally built as a place of worship will not be considered in applying any distance requirement in reference to the issuance of any alcohol license by Augusta, Georgia after the effective date of this Ordinance. (c) Exceptions: This Ordinance shall not apply to any structure in said “Downtown Business District” not originally built as a place of worship and in use as a place of worship on the effective date of this Ordinance. (d) In the Downtown Business District as herein defined, new applications for alcoholic beverage licenses submitted after the effective date of this Ordinance, shall be subject to distance requirements of 300 feet measured from the main entrance of the applicant’s structure to the main entrance of the closest occupied structure originally built as a place of worship or any other structure not originally built as a place of worship and in use as a place of worship on or before the effective date of this Ordinance. SECTION 1. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinance or parts of ordinances in conflict with this ordinance are repealed. SECTION 4. The provisions of this Ordinance are severable. If any part of this Ordinance is held to be invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in full force and effect. Duly adopted this ____ day of __________, 2006. Augusta, Georgia By: Mayor ATTEST: Clerk First Reading: _______________________ Second Reading: ___Waived____________ F:\Users\SShepard\STEVE\CITY\ORDINANCE. panhandling 2-28-06.doc I, the undersigned, ________________, Clerk, do hereby certify that the foregoing is a true and correct copy of an Ordnance adopted by said Augusta-Richmond County Commission at two consecutive meetings held on the following dates, to wit: ____________________, 2006 and __________________, 2006, as the same appears on the minutes of said Commission this ___ day of ________, 2006. Published in the Augusta Chronicle ____________ ______, 2006. Clerk F:\Users\SShepard\STEVE\CITY\ORDINANCE.ALCOHOL 2-27-06.doc Commission Meeting Agenda 3/21/2006 2:00 PM Panhandling Ordinance Department:Commissioner Andy Cheek Caption:Motion to approve an Ordinance to amend the Code of Augusta-Richmond County by adopting a new section therein, to be known as Article 3, Chapter 9, Section 1, et seq.; so as to define the offense of “Aggressive Panhandling” and to provide a penalty for the violation of said Ordinance and to repeal all Ordinances and parts of Ordinances in conflict herewith. (Approved by Commisison March 7, 2006 - second reading) Background:Ordinance prohibiting aggressive panhandling has been requested by the Downtown Development Auithority through Commissioner Andy Cheek. The Ordinance has been reviewed by the Sheriff of Richmond County and his counsel. It is narrowly drawn both as to activity and area. The area is downtown, bounded by the Savannah River, 5th Street, Greene Street and 15th Street. Analysis:See Background. Financial Impact:N/A Alternatives:Do not enact Ordinance. Recommendation:Enact Ordinance as submitted Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Clerk of Commission ORDINANCE NO. _______ AN ORDINANCE TO AMEND THE CODE OF AUGUSTA- RICHMOND COUNTY BY ADOPTING A NEW SECTION THEREIN, TO BE KNOWN AS ARTICLE 3, CHAPTER 9, SECTION 1, ET SEQ.; SO AS TO DEFINE THE OFFENSE OF “AGGRESSIVE PANHANDLING” AND TO PROVIDE A PENALTY FOR THE VIOLATION OF SAID ORDINANCE AND TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, that the Augusta-Richmond County Code is hereby amended to define the offense of “Aggressive Panhandling” as follows: SECTION 1. “Aggressive Panhandling” as hereinafter defined is prohibited on Broad Street and the sidewalks appurtenant thereto on the northern and southern boundaries of the right-of-way of said thoroughfare beginning at the intersection of Broad Street and Fifth Street and continuing on Broad Street to its intersection with Fifteenth Street and on the Augusta Common from its southern most boundary on the northern right-of-way line of Broad Street to the northern most boundary of the Augusta Common abutting the southern most right-of-way line of Reynolds Street and on the sidewalk on Reynolds Street abutting the northern boundary of the Augusta Common. SECTION 2. The purpose of this Ordinance is to ensure unimpeded pedestrian traffic flow, to maintain and protect the physical safety and well being of pedestrians and to otherwise foster a safe and harassment-free climate in the public places defined in Section 1. SECTION 3. As used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: (a) “Public place” or “Place open to the public” is an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public or entrances in buildings or dwellings and the grounds enclosing them; (b) “Known panhandler” means a person who within one year previous to the date of arrest for violation of this section has been convicted in a court of competent jurisdiction of any civil or criminal offense involving panhandling. (c) A conversation or gesture or both shall be construed as “threatening” if a reasonably prudent individual would perceive such conduct as intending to result in the procurement of money or goods by threat or coercion. (d) Behavior shall be deemed as “aggressive” or “intimidating” if a reasonably prudent individual could be deterred from passing through or remaining in or near any thoroughfare, or place open to the public because of fear, concern or apprehension caused by such behavior. (e) “Panhandling” shall mean begging. SECTION 4. (a) On that part of Broad Street defined in Section 1 of this Ordinance and on the Augusta Common, no person either individually or as part of a group shall procure or attempt to procure a handout from another in a manner or under circumstances manifesting an express or implied threat or coercion. Among the circumstances which may be considered in determining whether such purpose of behavior is manifested are the following: that such person is a known panhandler; that such person repeatedly and in a threatening fashion, beckons to, stops, or attempts to sop one or more passers-by; that such person engages one or more passers-by in threatening conversation; or that such person utilizes threatening bodily gestures. To constitute a violation of this Subsection, the violator’s conduct must be such as to demonstrate a specific intent to induce, solicit, or procure from another goods or money by threat or coercion. No arrest shall be made for a violation of this Subsection unless the violator’s conduct must be such as to demonstrate a specific intent to induce, solicit, or procure from another goods or money by threat or coercion. No arrest shall be made for a violation of this Subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose. (b) Reserved. (c) It shall be unlawful for any person, after having been warned that such activity is prohibited, to procure or attempt to procure a handout in the area defined in Section 1 of this Ordinance. (d) It shall be unlawful for any person to sit or recline on a public sidewalk with an intent to procure a handout. SECTION 5. Any person, firm or corporation violation any provision of this ordinance shall be subject to the jurisdiction of the Civil and Magistrate Court of Richmond County and be subject to a fine and or a term of incarceration upon conviction of the offense of “Aggressive Panhandling” as is provided up to the maximum punishment allowed under Augusta Code Section 3-7-3. SECTION 6. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 7. All ordinance or parts of ordinances in conflict with this ordinance are repealed. SECTION 8. The provisions of this Ordinance are severable. If any part of this Ordinance is held to be invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in full force and effect. Duly adopted this ____ day of __________, 2006. Augusta, Georgia Waive second reading. By: Mayor ATTEST: Clerk F:\Users\SShepard\STEVE\CITY\ORDINANCE. panhandling 2-28-06.doc I, the undersigned, ________________, Clerk, do hereby certify that the foregoing is a true and correct copy of an Ordnance adopted by said Augusta-Richmond County Commission at two consecutive meetings held on the following dates, to wit: ____________________, 2006 and __________________, 2006, as the same appears on the minutes of said Commission this ___ day of ________, 2006. Published in the Augusta Chronicle ____________ ______, 2006. Clerk Commission Meeting Agenda 3/21/2006 2:00 PM Administrator Letter Department: Caption:Discuss the Letter of Reprimand for the Administrator. (Requested by Mayor Pro Tem Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/21/2006 2:00 PM Elected Officials Pay Increases Department: Caption:Consider action taken by legislative members regrding elected officials pay raises. (Deferred from the March 7, 2006 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission