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HomeMy WebLinkAbout2006-10-03-Meeting Agenda Commission Meeting Agenda Commission Chamber 10/3/2006 2:00 PM INVOCATION: Minister Sharon B. Settles, Christian Education Coordinator, Macedonia Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. PRESENTATION(S) A. Presentation from the Canal Redevelopment Task Force regarding the Third Level Canal. (Requested by Commissioner Betty Beard) Attachments RECOGNITION(S) J.P. Jones B. Represented First Tee of Augusta at the Champions Tour Event in Pebble Beach, CA. September, 2006. Attachments Five (5) minute time limit per delegation DELEGATIONS C. Mr. Harry Moore, Chairman of the Augusta-Richmond County Coliseum Authority. RE: Hotel/Motel Tax for the ARC Coliseum Authority and James Brown Arena. Attachments D. Rev. John A. Lockhart. RE: Street repair 1100 block 12th Street Attachments CONSENT AGENDA (Items 1-12) PUBLIC SERVICES 1. Motion to approve a request by Linda D. Eubanks for an on- premise consumption Liquor & Beer license to be used in connection with the Fishbowl Lounge located at 2248 Lumpkin Rd. There will be Dance. District 6. Super District 10. (Approved by Public Services Committee September 25, 2006) Attachments 2. Motion to approve a request by Amitkumar S. Patel for a retail package Beer & Wine license to be used in connection with SandBar Ferry Grocers located at 232 SandBar Ferry Rd. District 1. Super District 9. (Approved by Public Services Committee September 25, 2006) Attachments 3. Motion to approve a request by Sun Evans for a retail package Beer & Wine License to be used in connection with Raceway #941 located at 1236 Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee September 25, 2006) Attachments 4. Motion to accept a $2000 grant award from the National Football League and National Recreation and Parks Association's Local Agency Football Program. (Approved by Public Services Committee September 25, 2006) Attachments 5. Motion to approve a request by Gordana Z. Downs for a Therapeutic Massge and Operators license to be used in connection with Therapeutic Bodyworks By Gordana at Sherry's Nail Studio located at 3540 Wheeler Rd Suite 401. District 3. Super District 10. (Approved by Public Services Committee September 25, 2006) Attachments 6. Motion to approve the purchase of an Airport Painter/Stripper Machine. (Approved by Public Services Committee September 25, 2006) Attachments 7. Motion to approve an Ordinance to amend Augusta-Richmond County Code Section 6-7 Vehicles or Hire - Taxicabs so as define taxicab seating capacity, to define vehicle identification requirements, to define taxicab identity light requirement, and to define telephone directory listing requirement. (Approved by Public Services Committee September 25, 2006) Attachments FINANCE 8. Motion to approve the acquisition of one (1) slope mower for the Public Services Maintenance Division from Kut Kwick Corporation of Brunswick, Georgia for $43,000 (Lowest Bid offer for bid 06-151). (Approved by Finance Committee September 25, 2006) Attachments ENGINEERING SERVICES 9. Motion to approve the donation for Right-of-Ways from Augusta, Georgia as owner, to Georgia Department of Transportation in connection with the St. Sebastian Way Project. (Approved by Engineering Services Committee September 25, 2006) Attachments 10. Motion to approve and accept a Lease from Thompson Farms. (Approved by Engineering Services Committee September 25, 2006) Attachments PETITIONS AND COMMUNICATIONS 11. Motion to approve the minutes of the regualr meetings of the Commission held September 5th and 19th. Special Called meetings held September 11th and 25th, 2006 Attachments APPOINTMENT(S) 12. Motion to approve the appointment of Mr.Hardy Bennings to the ARC Human Relations Board representing District 2. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 10/3/2006 AUGUSTA COMMISSION REGULAR AGENDA 10/3/2006 (Items 13-25) ADMINISTRATIVE SERVICES 13. Presentation by Reliable Demolition to discuss delays being encountered in the demolition of buildings on judicial center site due to unknown citizens calling EPD directly complaining that Reliable Demolition is not following EPD guidelines as it relates to proper disposition of asbestos containing material in the project site. Attachments 14. Approve a request by the Augusta Neighborhood Improvement Corporation (ANIC) to amend its CDBG contract with the City of Augusta. Attachments 15. Approve a request by the East Augusta Community Development Corporation (EACDC) to amend the 2003 HOME contract with the City of Augusta. Attachments 16. Approve an amendment to the 2006 HOME Program Contract with Promise Land Community Development Corporation (PLCDC). Attachments 17. Discuss annual federal funds to be used in the demolition of buildings. Identify buildings and allocate up to one half (1/2) of funds received. (Requested by Commissioner Grantham) Attachments 18. Approve Retirement of Mr. Andrew Howard under the 1949 Pension Plan. Attachments PETITIONS AND COMMUNICATIONS 19. Consider the recommendation of the ARC Board of Tax Assessors to approve the employment contract for Calvin C. Hicks as Chief Appraiser for Richmond County, Georgia. Attachments OTHER BUSINESS 20. Status report from the Administrator/staff on the demolition of the candy factory. (Requested by Mayor Pro Tem Marion Williams) Attachments 21. Update from Administrator/Attorney/Staff on the ING matter. (Requested by Mayor Pro Tem Marion Williams) Attachments 22. Appoint Interim District 4 Commissioner. (Requested by Commissioner Calvin Holland) Attachments 23. Presentation of the race track study. (Requested by the Administrator) Attachments 24. Discussion and recommendation from the Commission to the Tax Commissioner- a letter of Support for the selling of delinquent tax liens. (Requested by Commissioners Joe Bowles and Don Grantham) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. Upcoming Meetings www.augustaga.gov C. Personnel. 25. Motion to authorize the Mayor to execute the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 10/3/2006 2:00 PM Invocation Department: Caption:Minister Sharon B. Settles, Christian Education Coordinator, Macedonia 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 10/3/2006 2:00 PM Canal Redevelopment Task Force Department: Caption:Presentation from the Canal Redevelopment Task Force regarding the Third Level Canal. (Requested by Commissioner Betty Beard) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM J.P. Jones Department: Caption:Represented First Tee of Augusta at the Champions Tour Event in Pebble Beach, CA. September, 2006. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Coliseum Authority Department: Caption:Mr. Harry Moore, Chairman of the Augusta-Richmond County Coliseum Authority. RE: Hotel/Motel Tax for the ARC Coliseum Authority and James Brown Arena. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM John Lockhart Department: Caption:Rev. John A. Lockhart. RE: Street repair 1100 block 12th Street Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Alcohol License Application Department: Caption:Motion to approve a request by Linda D. Eubanks for an on- premise consumption Liquor & Beer license to be used in connection with the Fishbowl Lounge located at 2248 Lumpkin Rd. There will be Dance. District 6. Super District 10. (Approved by Public Services Committee September 25, 2006) Background:This is a new ownership application. Formerly in the name of Winston C. Shelton. Analysis:The applicant meets the requirements of the Augusta- Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $1750.00 Alternatives: Recommendation:License & Inspection recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Alcohol License Application Department:License & Inspections Caption:Motion to approve a request by Amitkumar S. Patel for a retail package Beer & Wine license to be used in connection with SandBar Ferry Grocers located at 232 SandBar Ferry Rd. District 1. Super District 9. (Approved by Public Services Committee September 25, 2006) Background:This is a new ownership application. Formerly in the name of Kejal Patel. Analysis:The applicant meets the requirements of the Augusta- Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a pro - rated fee of $550.00 Alternatives: Recommendation:License & Inspection recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Alcohol License Application Department:License & Inspections Caption:Motion to approve a request by Sun Evans for a retail package Beer & Wine License to be used in connection with Raceway #941 located at 1236 Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee September 25, 2006) Background:This is a new ownership application. Formerly in the name of Rita Patel. Analysis:The applicant meets the requirements of the Augusta Richmond county Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $550.00 Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Grant Award - NFL/NRPA Department:Recreation and Parks - Tom F. Beck, Jr. Director Caption:Motion to accept a $2000 grant award from the National Football League and National Recreation and Parks Association's Local Agency Football Program. (Approved by Public Services Committee September 25, 2006) Background:The National Football League, in partnership with the National Recreation and Park Association, created a grant program to local agencies to promote youth football activities across the nation. Augusta Recreation and Parks Dept. operates a youth football program each year since 1964. Analysis:The $2000 grant award will be used to conduct a youth football clinic for players and coaches, to be held October 21st, 2006. The funds will be used for instructional materials, instructors, transportation and refreshments to conduct a well organized, professional program to enhance the youth football program, with an emphasis in providing transportation to Fleming Park for participants to be able to attend the countywide clinic. Financial Impact:N/a - grant award Alternatives:1. To deny. 2. To approve Recommendation:#2 - to approve Funds are Available in the Following Accounts: Grant award REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Massage Application Department:License & Inspections Caption:Motion to approve a request by Gordana Z. Downs for a Therapeutic Massge and Operators license to be used in connection with Therapeutic Bodyworks By Gordana at Sherry's Nail Studio located at 3540 Wheeler Rd Suite 401. District 3. Super District 10. (Approved by Public Services Committee September 25, 2006) Background:This is a new location. Analysis:The applicant meets the requirements of the Augusta- Richmond County Therapeutic Massage ordinance. Financial Impact:The applicant will pay a fee of $175.00 Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Painter/Striper Machine Department:Augusta Regional Airport Caption:Motion to approve the purchase of an Airport Painter/Stripper Machine. (Approved by Public Services Committee September 25, 2006) Background:The airport is currently using a push machine to do all painting/striping of the four (4) miles of runways and taxiways. This is required by the Federal Aviation Administration several times per year. It is a very time consuming operation that requires five (5) individuals working several hours to complete. Runways and taxiways need to be closed during this time which impedes flight operations. Periodically the airport has had to out source this work at an exorbitant cost. Analysis:The purchase of this machine will deminish the amount of time required to perform this operation by 50 to 65 percent and requires only two (2) individuals to operate. This in turn will minimize the amount of time needed to close runways and taxiways and have a tremendous cost savings to the airport. Financial Impact:The cost of the painter/striper machine is $27,242.00 Alternatives:Deny request to purchase painter/striper machine. Recommendation:Approve request. Funds are Available in the Following Accounts: 551-08-1203 5421110 REVIEWED AND APPROVED BY: Finance. Procurement. Disadvantaged Business Enterprise. Administrator. Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM TAXICAB ORDINANCE AMENDMENTS Department:License & Inspection Caption:Motion to approve an Ordinance to amend Augusta- Richmond County Code Section 6-7 Vehicles or Hire - Taxicabs so as define taxicab seating capacity, to define vehicle identification requirements, to define taxicab identity light requirement, and to define telephone directory listing requirement. (Approved by Public Services Committee September 25, 2006) Background:At the regular meeting of the Augusta-Richmond County Commission on August 5, 2003, item 43 on the agenda was to receive the following recommendations from the taxicab subcommittee: (1) ten-minute time limit as a guide for taxicab waiting time; (2) acceptance of magnetic lights and vinyl lettering as opposed to lettering being painted on vehicles; and (3) increasing the passenger capacity to eleven passengers including the driver. The Commission approved the motion to receive the recommendations of the subcommittee….At the regular meeting of the Augusta- Richmond County Commission on August 19, 2003, item 36 on the agenda was to: ‘consider the matter of taxicab dispatching and telephone listing – with no recommendation from the Public Safety Committee’. The Commission approved the motion to require taxicab companies to have a listing in the ‘BELLSOUTH – The Real Yellow Pages’…… An ordinance amendment was not prepared at the time to adopt the noted changes. The attached ordinance is for the purpose of adopting the amendments. Analysis:Adopt the ordinance amendments. Since the Commission action in 2003 the noted changes have been implemented. Financial Impact:N/A Alternatives:N/A Recommendation:Approval Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Clerk of Commission ORDINANCE N0. ________ AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 6- 7-7(e) TO DEFINE TAXICAB SEATING CAPACITY; TO AMEND AUGUSTA- RICHMOND COUNTY CODE SECTION 6-7-23 SO AS TO DEFINE VEHICLE IDENTIFICATION REQUIREMENTS; TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 6-7-25 SO AS TO DEFINE TAXICAB IDENTITY LIGHT REQUIREMENT; TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 6- 7-33 SO AS TO DEFINE THE WAIT TIME FOR ADDITIONAL PASSENGERS; TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 6-7-39 SO AS TO DEFINE THE TELEPHONE DIRECTORY LISTING REQUIREMENT; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, AS FOLLOWS: Section 1. Augusta-Richmond County Code Section 6-7-7(e) is hereby amended to define taxicab seating capacity, by deleting in its entirety, and substituting in lieu thereof the following, to wit: § 6-7-7. DEFINITIONS. (e): TAXICAB. A motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than eleven (11) passengers and not operated on a fixed route. Section 2. Augusta-Richmond County Code Section 6-7-23 is hereby amended to define vehicle identification requirements, by deleting in its entirety, and substituting in lieu thereof the following, to wit: § 6-7-23. IDENTIFICATION OF VEHICLES REQUIRED. No business tax certificate holder under this article shall operate any taxicab without there having been painted, or attached vinyl lettering, on both sides and the rear thereof the words Taxi, Taxicab or Automobile for Hire, the name of the business tax certificate holder and the number assigned by the business tax certificate holder to such taxicab. Such words and numbers shall be not less than six (6) inches high nor more than eight (8) inches in height. In addition, there may be placed thereon an identifying design approved by the sheriff. No vehicle covered by the terms of this article shall be licensed whose color scheme, identifying design, monogram or insignia to be used thereon shall, in the opinion of the license and inspection department, conflict with or imitate any color scheme, identifying design, monogram or insignia used on one (1) or more vehicles already operating under this article, in such a manner as to be misleading or tend to deceive or defraud the public. If after a business tax certificate has been issued for a taxicab hereunder, the color scheme, identifying design, monogram or insignia thereof is changed so as to be, in the opinion of the license and inspection department, in conflict with or to imitate any color scheme, identifying design, monogram or insignia used by any other person, owner or operator in such a manner as to be misleading or tend to deceive the public, the business tax certificate covering the taxicab bearing the misleading markings shall be suspended or revoked. Section 3. Augusta-Richmond County Code Section 6-7-25 is hereby amended to define taxicab identification light, by deleting in its entirety, and substituting in lieu thereof the following, to wit: § 6-7-25. IDENTITY LIGHT REQUIRED. Every taxicab shall be equipped with an identity light attached to the top of such taxicab. The light may be bolted on or magnetically attached. Such identity light shall be constructed in one (1) unit consisting of an illuminated place or cylinder upon which is printed the company's name, taxi, for hire or the present identification lights of the taxicab. The overall dimensions of such identity light shall not exceed six (6) inches in height by twenty (20) inches in length. The lights of the identity light shall be connected to a contact switch attached to the taximeter, and such contact switch shall operate automatically to illuminate such identity light when the taximeter is not in operation indicating that the taxicab contains no passengers and to extinguish such light when the taximeter is in operation. It shall be unlawful to knowingly drive or operate any taxicab with such identity light illuminated while carrying passengers for compensation; and it shall be unlawful to drive, operate or be in charge of the taxicab unless such identity light is illuminated when such taxicab is for hire. Section 4. Augusta-Richmond County Code Section 6-7-33 is hereby amended to define taxicab identification light, by deleting in its entirety, and substituting in lieu thereof the following, to wit: § 6-7-33. ADDITIONAL PASSENGERS. No taxicab driver who has been engaged by a passenger shall permit any other person to occupy or ride in such taxicab unless the person first employing the taxicab shall consent to the acceptance of additional passengers. From the time the first passenger engages the taxicab, the driver has ten (10) minutes to load passengers and pull away. No charge shall be made for an additional passenger to the same point of destination, but when the additional passenger rides beyond the first point of destination, such passenger shall pay for the additional distance traveled. Section 5. Augusta-Richmond County Code Section 6-7-39 is hereby amended to define telephone directory listing requirement, by deleting in its entirety, and substituting in lieu thereof the following, to wit: § 6-7-39. TELEPHONE DIRECTORY LISTING REQUIRED. All persons engaged in taxicab businesses in Augusta-Richmond County operating under the provisions of this article shall have a telephone listed in the “BELLSOUTH – The Real Yellow Pages” telephone directory for Augusta- Richmond County in the name of their taxi company or business. Section 6. This ordinance shall become effective upon its adoption in accordance with applicable laws. Section 7. All ordinances 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 By:_____________________________________ Mayor ATTEST:_____________________ Clerk First Reading: _____________________ Second Reading: ___________________ 43. Receive recommendations from the taxi cab sub-committee. 1. Ten-minute time as a guide for taxicab waiting time. 2. Acceptance of magnetic lights and vinyl lettering as opposed to lettering being pained on vehicles. 3. Increasing the passenger capacity to eleven passengers including the driver. 48. Approve the acquisition of One (1) E350 Work Detail Van for $24,351.46 for the Public Works Department – Vacant Lot/Eviction Crew from Bobby Jones Ford of Augusta, Georgia. (lowest bid offers on Bid 02-155). 49. Approve refund to Susan A. Bone of 2000 and 2001 taxes paid in error in the amount of $567.73 on Map 98-3, Parcel 175. 51. Consider abatement of taxes for years 1993 through 1999 on property now in the Land Bank. Property is known as Map 59-3, Parcel 400. 52. Approve refunds on taxes on 26 accounts paid in error for various reasons; see attached for years and amounts. 54. Consider a request from the North Jenkins County Volunteer Fire Department regarding the donation of a fire pumper to their department. 55. Approve the acquisition of three (3) Pumper Fire Trucks for the Augusta Fire Department from Harless Fire Equipment Company of Bessemer, Alabama for the amount of $310,500.00 each (lowest bid offer on Bid 02-048). 63. Approve adding 3411 & 3417 Peach Orchard Road to the Solid Waste Contract. (Requested by Commissioner Andy Cheek) Mr. Mayor: We have a motion to approve the consent agenda, minus items 16, 45 and 53. All in favor of that motion, please vote in the affirmative. Mr. Colclough: Mr. Mayor, Madame Clerk, let it be known that I vote No on Sunday sales. The Clerk: Yes, sir. Mr. Bridges: And the same here, Madame Clerk. The Clerk: Yes, sir. Mr. Colclough and Mr. Bridges vote No on Sunday sales portion. Motion carries 10-0. [Items 3, 5, 6] Motion carries 10-0. [Items 1-2, 4, 7-15, 17-40D, 43, 45, 58, 59, 51, 52, 54, 55, 63] 11 Mr. Mayor: Madame Clerk, we have some of these items that are coming off of the agenda today, they’ve been deferred to other committee meetings. Do you want to go ahead and point those out [inaudible] people that are here for those items? The Clerk: Yes, sir. 42. Discussion of Fire Station #15. (Requested by Commissioner Boyles) ferred to our next meeting, August 11, Public The Clerk: Item 42 was de Safety, at 1:30. 46. Update from Dr. Terrence Cook regarding Project Access. The Clerk: Item 46 was deferred to our next meeting on August 11 at 2 o’clock. 50. Approve request from the Board of Tax Assessors to proceed with obtaining an outside auditing firm to review all accounts with a value of $50,000 and above. The Clerk: Item 50 was deferred to our August 11 meeting, Finance meeting, at 2 o’clock. Item 56 will be brought before the full Commission today. Mr. Mayor: Mr. Kuhlke, is your item on here? 60. Discussion of Day Care facility owned by Mr. Robert L. Watkins. (Requested by Commissioner Kuhlke) The Clerk: Deleting. Mr. Mayor: Deleting item number 60? The Clerk: Deleting item 60. Mr. Hankerson: What did you just say on 43? The Clerk: 43? Mr. Hankerson: Didn’t you say 43? The Clerk: No, sir. I said 42 for the next meeting. Mr. Hankerson: Oh, okay. The Clerk: 43 is in our consent agenda. I will enumerate those recommendations. 43. Receive recommendations from the taxi cab sub-committee. 12 43. Receive recommendations from the taxi cab sub-committee. 12 1. Ten-minute time as a guide for taxicab waiting time. 2. Acceptance of magnetic lights and vinyl lettering as opposed to lettering being pained on vehicles. 3. Increasing the passenger capacity to eleven passengers including the driver. Mr. Bridges: Mr. Mayor, what was that second one? The Clerk: The second was the acceptance of magnetic lights and vinyl lettering as opposed to lettering being painted on vehicles. Mr. Hankerson: What was the timing? The Clerk: Ten minutes. Mr. Hankerson: Waiting time? That was recommended? The Clerk: Yes, sir, the recommendation. The ten minute time. Mr. Hankerson: Ten or 20? The Clerk: Ten. Mr. Hankerson: Okay. PUBLIC SAFETY: 36. Consider the matter of taxicab dispatching and telephone listing. (No recommendation from Public Safety Committee August 11, 2003) Mr. Mayor: The Chairman of the committee is here. Go ahead. Mr. Williams: Thank you, Mr. Mayor. We, we had debated and talked about, we had a subcommittee come back and made some changes in our taxicab ordinance. We are waiting to get something from the Airport Committee as to how we can [inaudible] all the taxicab service. I contend that the taxicab with one or two taxis should not be required to have to have a dispatch or a telephone listing in the telephone book. If they 89 can have services that they can provide their customers with, without a telephone, that’s I so move that we approve, Mr. Mayor, giving them the an expense they can save, and option to have or have not a dispatch or a telephone. Mr. Colclough: Second. Mr. Mayor: We have a motion and second. This would have to come back as an ordinance amendment, Mr. Wall, is that correct? Mr. Wall: Yes. Mr. Mayor: Comments, questions? Mr. Cheek. Mr. Cheek: Mr. Mayor, just a couple of comments. In polling several people waiting for taxis, they are very displeased with the service we have available in Augusta in general. Anything we can do to improve that service I am for. I am concerned, though, that here again with the big guys, we don’t want to overly burden the little guys where they can’t compete. But there again, if the, this same ordinance, I’m assure, I want to be assured that it will be the same for the big guys, they don’t have to have a phone number in the book, they don’t have to have dispatch, they can [inaudible] those costs, as well. I think there should be certain minimum requirements on this. In any event, I’m just concerned that we [inaudible] this thing closely. I’m supportive of making the system better, but at some point they’ve either got to be listed in directory assistance or at least be listed in some book somewhere. How else are people going to call them? How else are we going to know they’re in business? I mean they can throw a sign or light on. Mr. Williams: Mr. Mayor, I agree with -- Mr. Mayor: Just a minute, Mr. Williams. Some down here want to speak. Mr. Williams: All right. Mr. Mayor: Mr. Boyles. Mr. Boyles: I was just going -- I think we ought to give a citizens award to Mr. Lay because he hasn’t missed a meeting. He’s been here longer than we have, Mr. Williams, and we ought to give some sort of citizens award to Mr. Lay. He’s been persistent in trying to get this done. Mr. Mayor: Mr. Beard, did you have your hand up? Mr. Beard: Just for clarification, I guess. I just don’t understand what we’re doing here right now. Are we saying that all those taxicabs, licensed taxicab people, they don’t have to be in the book? Is this what we’re saying? 90 Mr. Wall: That’s what we’re saying. Don’t have to have dispatch, don’t have to have telephone listing. Mr. Beard: Come on. That’s a little farfetched there. Mr. Williams: No, no -- Mr. Beard: I have the floor at this point. (Laughter) Mr. Beard: You know, I would like to help out the small business people but if this is going to open up a floodgate, I think we need to consider that. That’s all. I turned it back over to whoever want to, but that’s -- I don’t know, because I know if I was running one and I didn’t have [inaudible]. Mr. Williams: And Mr. Beard, that’s exactly what I’m saying. Even the large companies. I’m not trying to put a burden on a large company and let the smaller company go out from under that. I’m saying that if you can run the business, a large company will want to have a dispatch service and they got the option, they got their license, but a man or woman with two taxis or one taxi should not have to have a dispatcher and a phone listing. If he can operate his business successfully without a phone, then he’s a genius, he knows how to do it. I mean, and I don’t think we ought to get in the business of demanding. If he wants to get one and he has one taxi and he can do it that way, that’s fine, too. But everybody has got the right. Commissioner Cheek brought up a good point. We shouldn’t put a burden on the large companies and let the smaller ones get by. If anybody wants to do that, they got an option to do it or not. I mean if I decide to go into business and I can do without a phone, that’s a savings for me. So I don’t want to demand because the larger company who have to have a phone, he’s got 20 taxis, 25 taxis, he’s got to be able to notify them, he’s got to be able to call them. But a man with one taxi, maybe two, he shouldn’t have to have a dispatch service. I mean if that going to be an injustice to have them compete with a larger company. I mean a lot of these people just trying to make a living, and some people in business. I mean we really got to look at this, this seriously now. We been talking about this for some months. Commissioner Cheek talked about being in the phone book. But we are still going on a town mentality in a city. All the major cities like taxis. I ain’t seen anybody yet that goes [inaudible] call a taxi to come pick them up. They, if you at a hotel, the bellman will flag somebody for you. [inaudible] but since we still got a town, we have not come to the city status yet, we still thinking like a town. We need to open this city up and be a city. And if a taxi can run his business without that, he’s done come to the city level. But those that still got dispatchers, they still in towns, let them operate that way. I mean that’s simple. That shouldn’t be so complicated for you to understand. Mr. Mayor: Mr. Williams. Thank you. I disagree, Mr. Williams. To me this is not a business issue at all. This is a public safety issue. Now you’ve got people in vehicles who are literally riding the streets of this city inviting people to come off the 91 street and get in their vehicle. To me there needs to be a legitimacy to the business that puts the telephone number in a phone book. I’m not as concerned about the dispatching as I am having a number listed in a phone book. To me, there is potential for someone to become seriously hurt by somebody who is impersonating a cab or a cab driver. As Mr. Hankerson said, what if he left something in the cab by mistake, how is he going to call the cab company and retrieve his item? This is a public safety issue, and I think that in this we need to protect the public and requiring a cab company to put a phone number in a phone book, a listing with telephone information where someone can retrieve, some way to get in touch with that cab company to me is not asking too much at all. Mr. Williams: Mr. Mayor, I can agree with you. As Chairman of Public Safety I am truly interested in safety of not only this county, but the people traveling in this county. But when you say listed in a phone book, which is the phone, the real phone book now? You talking about in a phone book, and I have not problem doing it in a book. But if you going to list in a phone book, who is going to say which is the real book to be listed in? Do we designate the Real Yellow Pages or the red book or the blue book or the local phone book that somebody else may print? So as long as you’re listed in the book, would that be sufficient for this government? As long as they’re listed in the book, I can agree with that. Mr. Mayor: I would submit to you, Mr. Williams, that you could specify that it must be listed in a phone book. Let the business decide which book it wants to list it in. You could say a book in general circulation. Mr. Williams: I make a substitute motion -- Mr. Mayor: You could say -- one more thing, you can say that the number has got to be listed with telephone information. You call 4-1-1 and get the number. Mr. Williams: Well, I’m going to make a substitute motion that we don’t demand that they have a dispatch service but we do -- Mr. Wall: You made the first motion, you would need to amend. Mr. Williams: Okay. Thank you, Jim. You doing your attorney duties today. (Laughter) Mr. Williams: I would amend, that’s right, I would amend my initial motion to establish or to make a motion that we allow them to not have a dispatch unless they want one, not making it mandatory, but to also have it mandatory that they be listed in a phone book. I mean I can’t designate which phone book but in a phone book would be my motion. Mr. Mayor: Is there any objection to the amendment that’s been offered? We’ll let the motion stand as amended. Mr. Shepard. 92 Mr. Shepard: Mr. Mayor, I’d ask the maker of the motion and the consent of the body that we dispose of this in one time, because it’s been up here and I think if we’re going to do that, with that kind of compromise, let’s go ahead and waive the second reading and let’s move on to other business. Mr. Williams: I can, Mr. Mayor. Mr. Mayor: Mr. Cheek. Mr. Cheek: Mr. Mayor, I just think we ought to designate as a minimum yellow book, Yellow Pages, Bell South, directory assistance, some consistent medium for these people to register with, because if not, if we just say the phone book, they can go get somebody’s little book from some little neighborhood or something that’s called a phone book. We need to have consistent policy with a consistent contact number and that could be Bell South Yellow Pages. I think that’s fine. It’s a standard for the area and [inaudible] picks up the book. Mr. Mayor: Mr. Lay, you wanted to speak? Mr. Lay: The nature of our business is flag-downs anyway. I mean you go to New York City, like he said, people get cabs by flag-downs. Travel all over the city, you’re right. But [inaudible] pick up flag-downs. And we do get calls. We have a cell phone. We dispatch on our cell phones. Mr. Mayor: Who dispatches you? Mr. Lay: We get the call. Mr. Mayor: I mean how do they know to call you? How do you get the number out? Mr. Lay: Pass out cards. You know, have advertising on the side of our cars. Mr. Mayor: I was in New York last week and they had radios and meters and dispatch in cabs that I flagged down. Mr. Lay: We have phone numbers on the side of our cars and they just flag us down. Until we can grow big enough to get in the yellow pages, we really can’t afford to [inaudible] yellow pages. We can afford the cell phones. Mr. Mayor: They give you a free ad in the yellow -- put the number in the yellow pages. Mr. Lay: [inaudible] 93 Mr. Wall: I agree with you. I think it needs to be one or more designated phone books, I think Southern Bell Yellow Pages. I mean all the other telephone companies, [inaudible] everybody has to furnish their telephone numbers to Southern Bell. That is the recognized telephone book, and if they want a cell phone, they can get a listing in the Yellow Pages of Southern Bell telephone, and that is in my opinion the industry standard. Mr. Mayor: Do you want to amend the motion, Mr. Cheek? Mr. Cheek: I’d like to amend the motion to that. I think that a standard is necessary. If somebody can’t afford an ad in the Yellow Pages, they’re too marginal to be in operation. I mean that’s $8 or $10 a year. Mr. Lay: We don’t need it. Mr. Cheek: The city needs it. We’ve come a long way to accommodating -- Mr. Lay: [inaudible] Mr. Mayor: Mr. Lay, direct your comments to the Chair. Mr. Cheek: We’ve come a long way to amending and changing the taxi ordinance, but this is one that -- and I’ve been supportive of those things to date, but this is one there has to be a minimum standard of accountability, and the Yellow Pages in the phone book that everybody uses and several places I’ve called people to contact them and never get them. Mr. Mayor: Is there any objection to Mr. Cheek’s objection to the motion that would designate the Southern Bell Yellow Pages? Mr. Williams: Yes, sir, Mr. Mayor, I’m objecting. Mr. Mayor: All right. Then he has the right to amend it through a vote. We can vote on the amendment. Mr. Williams: I’ve got a comment. I need some clarification, too, because when you talking about telephones and you talking about long distance service, there’s got to be 4,000 different telephone services and long distance services that we use in your home. Not even in your car, but in your home. I’ve got three cell phones and two of them are different. They ain’t the same. So all I’m saying is why should we want to regulate whether or not they be in the yellow pages or the red book or the green book? If they can operate their business -- [inaudible] Mr. Mayor, talking about the safety side of it, about where people leave something in their car. These people have been operating for years the same way. Small business people are trying to get better, trying to grow, to get to the point of advertising. There are some people that pay $140 a month for advertisement in the phone book. Not for just one line, now, but for advertisement in the 94 phone book. Some of them can’t pay that. Will never pay that. And that’s not a one time fee. That’s a every month fee. Depends on -- Mr. Mayor: They don’t have to buy an ad. Mr. Williams: I understand. But a lot of people buy those ads and buy those ads. I just don’t understand why we going designate a certain book and we never had a certain book before. A red book, a blue book, now the Yellow Pages. I disagree. Mr. Mayor: All right. There has been a motion made to amend the motion, so we’ll vote on the amendment to the motion. All in favor of amending the motion -- Mr. Bridges: What’s the motion that we’re voting on? Mr. Mayor: The amendment. The amendment would specify the Bell South Yellow Pages. All in favor of that amendment, please raise your hand. (Vote on the amendment to the motion) Mr. Williams votes No. Mr. Mays not voting. Mr. Hankerson out. Motion carries 7-1. Mr. Mayor: Is there any discussion on the motion? Is there any discussion on the motion? We’ll go ahead and go for a vote on that now. Mr. Williams: [inaudible] second reading, Mr. Mayor? Like Commissioner Shepard -- Mr. Mayor: Okay. Mr. Shepard: If you’d like it. Only if you’d like it. Mr. Mayor: All in favor of the motion as amended, please raise your hand so the Clerk can see it. Mr. Wall: [inaudible] Mr. Mays: [inaudible] Mr. Wall: [inaudible] Mr. Mayor: Bell South Yellow Pages. Mr. Mays: [inaudible] Mr. Wall: [inaudible] either one. [inaudible] automatically going to be listed in Bell South, the regular phone book. [inaudible] Mr. Mayor: We’re voting on the motion. All in favor of the motion, please raise your hand. (Vote on original motion with amendment) Mr. Mays votes Present. Mr. Hankerson out. Motion carries 8-1. Mr. Shepard: Call for the order of the day. Mr. Mayor: The next item is item number 39. Mr. Lay: What does that mean? What does that mean? I’m in Bell South. Mr. Mayor: You can talk to Mr. Sherman. Where is Mr. Sherman from the Inspection Department? He can explain that to you. Go see Mr. Sherman. Item number 39. The Clerk: Commission Meeting Agenda 10/3/2006 2:00 PM 06-141 Demolition of Judicial Center Site- Reliable Demolition Department:Procurement Department Caption:Presentation by Reliable Demolition to discuss delays being encountered in the demolition of buildings on judicial center site due to unknown citizens calling EPD directly complaining that Reliable Demolition is not following EPD guidelines as it relates to proper disposition of asbestos containing material in the project site. Background:Reliable Demolition was awarded Bid Item 06-141 demolition of buildings on Judicial Center Site. Notice to proceed was given to the vendor on July 25, 2006. Reliable Demolition has been interrupted on two occasions as noted in their notices to the City. These complaints are unfounded per documentation provided by Reliable Demolition. Analysis:Complaints are unfounded per documentation provided by the vendor and we are requesting that the Board of Commission approve that the City does not assess any liquidated damages for these delays. Financial Impact:N/A Alternatives:N/A Recommendation:That the Board of Commission approve not to assess liquidated damages for interruptions caused by these unfounded complaints. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Amend Contract with ANIC Department:Housing & Economic Development Department Caption:Approve a request by the Augusta Neighborhood Improvement Corporation (ANIC) to amend its CDBG contract with the City of Augusta. Background:ANIC has a contract with the City to spend CDBG funds on housing rehabilitation and downpayment assistance activities in the Laney Walker target area. Currently, the contract stipulates that the maximum amount of downpayment assistance that ANIC can provide to a low income, first-time homebuyer is $7,500. Due to the recent rise in construction costs, and the resulting increase in home prices, ANIC is requesting that the contract be amended to increase the maximum amount of downpayment assistance to $15,000.00. Analysis:The contract amendment will make it possible for ANIC to assist more eligible first time home buyers and help the department to meet critical needs and spend CDBG funds in an expeditious manner. Financial Impact:This item involves the amendment of existing grant funds. No new funds are required. Alternatives:None recommended Recommendation:Approve an amendment to the contract to allow ANIC to provide up to $15,000 in downpayment assistance to eligible low income, first-time homebuyers purchasing homes in the Laney Walker target area. Funds are Available in the Following CDBG Project Numbers: #98144, #99144 and #02185 Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission ~ . L' "--,, June 13, 2006 Augusta Housing.& Economic Development Department 925 Laney Walker Blvd, 3rd Floor Augusta, GA 30901 Re: CDBG Amended Contract To Whom It May Concern: The Augusta Neighborhood Improvement Corporation (ANIe) would like to amend our current CDBGcontract in order to help expedite the spend.down of funds. Attached please find the current CDBGAmended Agreement with referenced highlighted paragraph. The change would come in ARTICLE I (C) (4) (d) to say "Provide up to $15,000.00 for down payment assistance for income eligible home buyerslll1der the HUD income requirements." We look forward to the upcoming meeting and than1( you for your. consid( matter. Si.llcerely, f;:< /2!:S?/ Robirt A. Cooks, President & CEO Cc: File Third Floor. Augusta, Georgia 30901 . Telephone (706) 724-5565. FAX (706) 724-7233 925 Laney Walker Blvd., ;-:-\ .]t:t.i(7'.~-., .:;-c:::-,.:c-.." [". ...'10\ -, !):j;,"' i \ \V. ,~.."' "'.'1~'/'""!"'" ./~.e;':' r t. jn~ ;. . I"'~.' !!~ .'!!;C.:~ '1: .. " fIE"!." .. -.'. ,,)vC,; .,. / Ipl eration in this ~ , "" . '"" ~". IOrrell11bursement or aClIDlIllSlIanve. expenses llleSt a~strative expenses wil1be reimbursed at 'ten per cent (100/0) of the CDBG funded portion of the total project cost for each completed unit of rehabilitated or reconstructed housing and sold with appropriate supporting documents (i.e. closing documents). 2. The provisions of ARTICLE I (C)(3)(b) are hereby deleted in fueiT enfuety, and in lieu thereof the following is substituted, to-wit:: (b) "$800,000.00 forreimbursernent of expenses related to provision of services and activities, subject to approval by Grantor, in accordance with 24 CPR 570 SubpartC. Subrecipient shall receive a reimbursement amount not to exceed $25,000.00 for each reconstructed or rehabilitated house. Reimbursements will begranted upon completion of the reconstruction or rehabilitation project and upon sale of said completed residential unit and upon submission of proper request for reimbursement with appropriate supporting documentation (see Article IV). Grantor will morutor the progress of proj eat with regard to the production of housing units by Subrecipient. II The provisions of ARTICLE I (C)(4)(d) are hereby-deleted in their entirety, and in lieu thereofthe following is substituted, to Vlit: (c) (c) Provide up to fIfty, per cent (50%) of my down payment of assistance required per unit, up to $10,000.00, or such other limits as approved by HND or HUD. A-NIC's down payment assisra.1J.ce vlill be presented in the form of a second or third retiring loan. The retiring will be equal to one-fifth per yearfor five years. R~ayment of the prorated amounts will be due upon the death, sale, transfer Qrte~ancing prior to such second or third retiring loan . matunty, f. Tneprovisions.of ARTICLE r.(E) are hereby amended by deleted in their entirety and the following is substituted, to-wit: Subrecipient shall bepaid a total consideration of $ 1,000,000.00 Dr f..lllpeLJ~o:rmance of the serlices specified under this .. ~greement. Any cost" above tbis amount shall be the sole "-", ~,,~,., T.' . ",.,.~. responsibility of me Subrecipient. It is understood by both Parties in this contTac~ tha~ the fu:n diD Z provided UDd~T thi~ cnDtr3.C~ fo~ this specific project, shall be the only funds provided by Granror in ~ " " the geographic area described in i\RTICLE 1 (C)(1) for boliSmg rehabilirationand dOWD payment assisTance programs duplicaTed by the CiTY'S Housing and Neighborhood Development Department. 5. lillTICLE I (D) is hertby amended to provide as follows, to wit: "Subrecipient shall obligate the designated CDBG funds withm 18 months of the execution of tills AlIlendment to the original Agreement. Subrecipient shall eA.]Jend the designated CDBG funds within 24 months of the date of this Amendment and in accordance with ARTICLE vlII herein. 6. AD other teIIIls and provisions of the original Agreement shan r~main in frjllf('1r~E'.;md effecT IN WITNESS WHEREOF, the undersi2TIed have caused this Agreement to be execut::;d by the proper officials, this :3,;;J. day of VV", clA.-tL - ..? 001. ~'c!~~ ' , ~ By: " ' ' " ' . -' - - As itS CO1'porate Secretarj . . AUGUSTA NEIGfffiOR.BOOD ~ROVE11E}'TT CORPORA. TION SUB-RECIPIENT ~ ... .~~r.~ By. .-0 '.-" As itS President Commission Meeting Agenda 10/3/2006 2:00 PM Amend Contract with East Augusta CDC Department:Housing & Economic Development Department Caption:Approve a request by the East Augusta Community Development Corporation (EACDC) to amend the 2003 HOME contract with the City of Augusta. Background:Under the 2003 HOME contract with the City of Augusta, the EACDC was obligated to rehabilitate and / or construct two homes in east Augusta. By October 1, 2006 EACDC will have fulfilled the terms of the contract with the rehabilitation of a house at 312 Sterling Street and the construction of a house at 804 East Boundary Avenue. With the completion of the units, there will be approximately $13,000 remaining in the project account. EACDC would like to amend the contract so that the reamaining funds can be used for the cleanup and demolition of properties located on Japonica (which EACDC owns) and Magnolia Avenues (property that EACDC will purchase from the City of Augusta). This will allow EACDC to spend the entire 2003 HOME allocation. Analysis:The contract amendment will enable EACDC to use up the remaining funds in the project account and prepare two lots for the construction of single family homes. Financial Impact:The contract amendment would allow for the expenditure of funds already in the project account. No new funds are required. Alternatives:None recommended. Recommendation:Approve an amendment to the 2003 HOME contract to allow EACDC to use approximately $13,000 for cleanup and demolition of properties. Funds are Available in the Following Accounts: 2003 HOME Program Account #945 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission East Augusta Community Development Corporation, Inc. 1011 12tb Street Augusta, Georgia 30901 Tel: 706-722-79691706-823-1972; Fax: 706-823-9766; e-mail: eastaugcdc@aol.com September 8, 2006 Mrs. LaSandra Corley Augusta Housing & Economic 925 Laney Walker Blvd. Augusta, Georgia 30901 Re: 2003 HOME Funds Dear Mrs. Corley: East Augusta CDC will have completed its goal to construct/rehab two homes with our 2003 allocation of funds with the completion of 804 East Boundary September, 2006. The other home completed was 312 Sterling Street. With the completion of these units, there will be approximately $13,000 of funds left over to be utilized by East Augusta CDC. We are requesting to utilize these funds for the cleanup/demolition of properties located on Japonica(which EACDC owns) and Magnolia (property that EACDC will purchase from the City of Augusta) Avenues. Utilizing these funds in this manner will allow us to totally expend the 2003 HOME Funds allocation and not be subjected to recapture. Thank you in advance for your consideration. Sincerely, Charlene Watkins Executive Director Department Commission Meeting Agenda 10/3/2006 2:00 PM Amendment to the 2006 HOME contract with Promise Land CDC Department:Housing & Economic Development Department Caption:Approve an amendment to the 2006 HOME Program Contract with Promise Land Community Development Corporation (PLCDC). Background:PLCDC was awarded $200,000 in 2006 HOME Program funds to purchase seven homes for rehabilitation and resale to HOME program eligible low and moderate-income homebuyers. The contract wa sapproved by the Augusta Commission on May 16, 2006. PLCDC requests that the language in Paragraph B (1) of Article I of the contract be amended. The proposed amendment to Article I Scope of Services would enable PLCDC to be reimbursed for all properties purchased after the date of the amendment, as long as the environmental review and feasibility (to rehabilitate) are completed prior to PLCDC requesting reimbursement (see attachment). The current language in the contract restricts reimbursement to those properties purchased after the environmental review and feasibility review are completed. Analysis:The contract amendment would enable PLCDC to be reimbursed for all properties purchased after the date of the amendment, regardless of whether or not the environmental and feasibility reviews are completed prior to purchase. The project also helps increase the number of affordable single- family residences available for purchase by low and moderate-income households. Financial Impact:This item involves the amendment of existing grant funds. No new funds are required Alternatives:None recommended Recommendation:Approve, as proposed, an amendment to the 2006 HOME Program Contract with Promise Land Community Development Corporation. Funds are Available in the Following Accounts: 2006 Year HOME Program Funds REVIEWED AND APPROVED BY: Clerk of Commission FIRST AMENDMENT To AGREEMENT BETWEEN AUGUSTA, GEORGIA & PROMISE LAND COMMUNITY DEVELOPMENT CORPORATION For 2006 HOME INVESTMENT PARTNERSHIPS PROGRAM This First Amendment to the agreement executed by and between the PARTIES on May 16, 2006, is made and entered into on the day of 2006, by and between AUGUSTA, GEORGIA, (hereinafter referred to as “AUGUSTA”) and PROMISE LAND COMMUNITY DEVELOPMENT CORPORATION (hereinafter referred to as “PLCDC”). WHEREAS, AUGUSTA desires to amend the original agreement to allow PLCDC to effectively administer its HOME Investment Partnerships Program; WHEREAS, PLCDC has determined that this amendment is in its best interest and has agreed to the said amendment; WHEREAS, AUGUSTA has changed the name of its Housing and Economic Development Department (HED) to Augusta Housing and Community Development Department (AHCD) and desires to amend this agreement to reflect the name change; NOW THERFORE, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound, AUGUSTA and PLCDC agree to amend said agreement as follows: (1) “Housing and Economic Development Department shall be stricken throughout the entire agreement and shall be replaced with Augusta Housing and Community Development Department (AHCD). ‘HED’ shall also be stricken throughout the entire agreement and shall be replaced with AHCD.” First Amendment to the 2006 Home Investment Partnerships Program Agreement Between Augusta, Georgia and Promise Land Community Development Corporation Page 2 of 3 (2) Paragraph (B1) of Article I shall be stricken in its entirety and shall be replaced with the following language: “1. Acquisition of Homes for Rehabilitation An amount not to exceed $200,000 shall be expended by PLCDC to support the acquisition of seven homes to be rehabilitated or reconstructed and made available for purchase or rental by households eligible to participate in the Home Investment Partnerships Program. Funds will also be used to pay for permit and fees. Property addresses will be submitted to AHCD prior to reimbursement. Environmental clearance and feasibility must be completed, and the project approved by AHCD, prior to reimbursing PLCDC for the purchase of the homes. PLCDC hereby agrees to release and hold harmless Augusta, Georgia, the Augusta-Richmond County Commission, and their agents and employees for the costs, damages, harms or losses arising out of, related to, or as a consequence of PLCDC acquiring any home that does not receive an environmental clearance and/or a feasibility approval by AHCD.” Except for the modifications made by this Amendment, the terms and conditions of the Original Agreement shall remain in full force and effect. SIGNATURES APPEAR ON THE FOLLOWING PAGE First Amendment to the 2006 Home Investment Partnerships Program Agreement Between Augusta, Georgia and Promise Land Community Development Corporation Page 3 of 3 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: SEAL AUGUSTA, GEORGIA (Grantee) By: David S. Copenhaver (As its Mayor) Lena J. Bonner (Clerk of Commission) ATTEST: SEAL PROMISE LAND COMMUNITY DEVELOPMENT CORPORATION (Sub-Recipient) By: (As its President) (As its Corporate Secretary) (Witness) Commission Meeting Agenda 10/3/2006 2:00 PM Federal Funds for Buildings Department:Clerk of Commission Caption:Discuss annual federal funds to be used in the demolition of buildings. Identify buildings and allocate up to one half (1/2) of funds received. (Requested by Commissioner Grantham) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Petition for Retirement of Mr. Andrew Howard Department:Human Resources Caption:Approve Retirement of Mr. Andrew Howard under the 1949 Pension Plan. Background:Under the 1949 Pension Plan, Sheriff and Fire Department Employees can voluntarily retire at the age of 55 at the completion 25 years of service. Other employees can voluntarily retire at the age of 60 at the completion of 25 years of service. Amount of Retirement Benefit: The participant is to receive a monthly retirement benefit of an amount equal to (a) 2.15% of the participants average earnings multiplied by the number of months of such credited service (up to a limit of 360 months), plus (b) 1.5% of the participants average earnings multiplied by the number of months of such credited service in excess of the 360 month limit. Payment of Retirement Benefit: The retirement benefit payable in the event of normal retirement shall be payable on the first day of each month. Analysis:Mr. Andrew Howard (age 55) is currently a Sergeant with the Fire Department. Mr. Howard was hired on March 24, 1980; he joined the 49 Pension Plan on March 24, 1980. Mr. Howard meets both the age and years of service requirements of the 49 Plan. His proposed retirement date is October 1, 2006. The normal retirement benefit payable to Mr. Howard will be $1,865 per month (100 % Joint Survivor). Financial Impact:Funds are available in the 49 Pension Plan. Employee has contributed 5% of his salary towards his retirement since March 24, 1980. Alternatives:Do not approve Retirement of Mr. Andrew Howard under the 1949 Pension Plan. Recommendation:Approve Retirement of Mr. Andrew Howard under the 1949 Pension Plan. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Slope Mower - Public Services Department:Finance - Fleet Management, Ron Crowden, Fleet Manager Caption:Motion to approve the acquisition of one (1) slope mower for the Public Services Maintenance Division from Kut Kwick Corporation of Brunswick, Georgia for $43,000 (Lowest Bid offer for bid 06-151). (Approved by Finance Committee September 25, 2006) Background:The Augusta Public Services Department-Maintenance Division requests reconsideration for the acquisition of 1 new slope mower to assist in the mowing of the numerous steeply sloped areas around Augusta including 26 miles of sloped levy. The slope mower is designed to keep the operator and tractor unit in a vertical position with the cutting platform contouring the slope. In February this item was brought before the Finance Committee and forwarded to the Commission recommending approval. The Commission "took no action" (February 22, 2006, item 30). Since that time two incidents have occurred where tractors have turned over attempting to cut the levy banks. The Public Services Department is requesting a reconsideration of this request based on safety and operational efficiency. 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 only one 1 vendor, Kut Kwick Corporation of Brunswick, Georgia, submitted the lowest and only bid for $43,000.00. (Procurement Tab sheet attached) Financial Impact:Funding will be through Sales Tax. These funds were approved in the Phase IV of the SPLOST. The mower will be purchased for $43,000.00. Alternatives:(1) None recommended. (2) Disapprove the request. Recommendation:Approve the purchase of one (1) slope mower for the Public Services – Maintenance Division from Kut Kwick Corporation of Brunswick, Georgia For $43,000 (Lowest Bid offer for bid 06-151). Funds are Available in the Following Accounts: 324-04-1110.54-21120 // 201-82-4010.54-21120 REVIEWED AND APPROVED BY: Finance. Administrator. Clerk of Commission RFP # 06-143 Bid Item 06-151 Slope Mower for Fleet Mgt September 7, 2006 @ 11:00 am BID ITEM: 06-151 Kut Kwick 1927 New Castle St. Brunswick, GA 31520 Year 2006 Make Kut Kwick Model SSM38-72D Bid Price $ 43,000.00 Delivery 2 Wks ARO Commission Meeting Agenda 10/3/2006 2:00 PM Donation of Right-of-Ways Department:County Attorney - Stephen E. Shepard, Attorney Caption:Motion to approve the donation for Right-of-Ways from Augusta, Georgia as owner, to Georgia Department of Transportation in connection with the St. Sebastian Way Project. (Approved by Engineering Services Committee September 25, 2006) Background:In connection with construction of the St. Sebastian Way project, portions of properties belonging to Augusta, Georgia are necessary for the right-of-ways and roadway. Upon completion of the St. Sebastian Way project, the roadway and adjoining right-of-ways will be conveyed back to Augusta, Georgia. Analysis:The donation of the referenced properties is necessary for the project. Financial Impact:The costs necessary for this donation will be covered under the project budget. Alternatives:Deny the motion to approve the donation of the referenced properties. Recommendation:Approve the motion to donate the referenced properties. Funds are Available in the Following Accounts: Will be reimbursed by Georgia DOT REVIEWED AND APPROVED BY: Administrator. Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Thompson Farms Lease Agreemen Department:Augusta Utilities Department, Max Hicks Director Caption:Motion to approve and accept a Lease from Thompson Farms. (Approved by Engineering Services Committee September 25, 2006) Background:Over the last 13 years, Thompson Farms has leased the remainder portion of the property where AUD built is cells for Plant Messerly. Analysis:The lease is expiring and Thompson Farms is requesting a renewal on this 29 acre tract. Thompson Farms uses this property for farming. This property is unbuildable, therefore this is an appropriate use. Financial Impact:Rental income of $250.00 per year. Alternatives: Recommendation:Approve and accept the lease agreement with Thompson Farms. Funds are Available in the Following Accounts: No funds needed. REVIEWED AND APPROVED BY: Finance. Procurement. Disadvantaged Business Enterprise. Administrator. Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Minutes Department: Caption:Motion to approve the minutes of the regualr meetings of the Commission held September 5th and 19th. Special Called meetings held September 11th and 25th, 2006 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Tax Assessors Board Chief Department: Caption:Consider the recommendation of the ARC Board of Tax Assessors to approve the employment contract for Calvin C. Hicks as Chief Appraiser for Richmond County, Georgia. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Appointment Department: Caption:Motion to approve the appointment of Mr.Hardy Bennings to the ARC Human Relations Board representing District 2. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Candy Factory Demolition Department: Caption:Status report from the Administrator/staff on the demolition of the candy factory. (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 10/3/2006 2:00 PM ING Department: Caption:Update from Administrator/Attorney/Staff on the ING matter. (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 10/3/2006 2:00 PM Interim Commissioner Department: Caption:Appoint Interim District 4 Commissioner. (Requested by Commissioner Calvin Holland) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Race Track Study Department:Clerk of Commission Caption:Presentation of the race track study. (Requested by the Administrator) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Tax Liens Department: Caption:Discussion and recommendation from the Commission to the Tax Commissioner- a letter of Support for the selling of delinquent tax liens. (Requested by Commissioners Joe Bowles and Don Grantham) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 10/3/2006 2:00 PM Affidavit Department:Clerk of Commission Caption:Motion to authorize the Mayor to execute the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission